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Property damage resulting from faulty workmanship constitutes a covered occurrence not barred by a contractual liability exclusion
  • Jenner & Block
  • USA
  • August 31 2015

The United State Court of Appeals for the Eleventh Circuit recently interpreted Alabama law to permit insurance coverage for property damage


Title insurance: when does a construction lender “create” or “suffer” a mechanics lien?
  • Pepper Hamilton LLP
  • USA
  • August 26 2015

A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a developer’s bankruptcy. The


Indiana Supreme Court holds that AIA waiver of subrogation extends to non-work property
  • Barnes & Thornburg LLP
  • USA
  • August 25 2015

The AIA Standard Form of Agreement Between Owner and Contractor (A101-1987) and accompanying General Conditions (A201-1987) include a waiver of


Ninth Circuit finds defects in the construction of a “known-loss” exclusion
  • Carlton Fields Jorden Burt
  • USA
  • August 14 2015

A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work. Several months later, the mason


Insurance coverage for construction damages
  • Jimerson & Cobb P.A.
  • USA
  • August 7 2015

I recently authored a blog on insurance coverage triggers for construction defects under Florida law. Insurance coverage for residential and


Georgia Court of Appeals rules against insurer on pollution exclusion
  • Fields Howell Athans & McLaughlin LLP
  • USA
  • August 6 2015

The Georgia Court of Appeals has ruled in a split panel decision that the pollution exclusion in a liability policy does not apply to lead paint


Which insurance carrier is responsible for damages on a construction project? Depends.
  • Burr & Forman LLP
  • USA
  • July 29 2015

There are multiple types of insurance coverage for the various risks on a construction project. However, when there are multiple insurance carriers


New Jersey Appellate Court rules consequential damages are covered by general liability policy even when direct damages are not
  • Hunton & Williams LLP
  • USA
  • July 28 2015

The Appellate Division of the Superior Court of New Jersey recently ruled in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C. that


Fifth Circuit finds erosion in Texasbecause endorsements are transformative
  • Carlton Fields Jorden Burt
  • USA
  • July 28 2015

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of


Construction case law update - July 27, 2015
  • Carlton Fields Jorden Burt
  • USA
  • July 28 2015

A commercial general liability insurer and its insured sought declaratory relief over the question of insurance coverage and the duty to defend and