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Equitable Subrogation Claim Limited by Outcome of Insured Party Lawsuit
  • Commonsense Construction Law LLC
  • USA
  • February 22 2017

A carrier pursuing a subrogation claim has no better rights than its insured. This may seem Elementary and logical, but a New York court has had to


Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
  • Brouse McDowell
  • USA
  • February 9 2017

Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage


Completed-Operations Coverage: What Is Included and Excluded from Your Commercial General Liability Policy?
  • Dinsmore & Shohl LLP
  • USA
  • January 31 2017

In 2008, Ohio Northern University (ONU) entered into a contract with Charles Construction Services, Inc. (CCS) for the construction of The Inn, a new


Insurer Barred From Contesting Coverage Due to Generic Reservation of Rights Letter
  • Gordon & Rees LLP
  • USA
  • January 30 2017

In an opinion filed January 11, 2017, the South Carolina Supreme Court held that an insurer’s reservation of rights must contain more than verbatim


Third Appellate District Ruling Good News for Contractor Owner Covered by CGL Policy
  • Kegler Brown Hill + Ritter
  • USA
  • January 25 2017

This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a


U.S. Elections Implications for International Business
  • Drinker Biddle & Reath LLP
  • USA
  • January 23 2017

The 2016 elections produced a seismic quake that hit Washington, D.C. with the surprise election of Donald Trump as president and the near


No "Occurrence" Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage
  • Gordon & Rees LLP
  • USA
  • January 20 2017

The California Court of Appeal, Fourth Appellate District, affirmed in part and reversed in part an order awarding an insurance company its $1


Waiver of Subrogation: How Broad Is It?
  • Commonsense Construction Law LLC
  • USA
  • January 20 2017

Many contractors believe a waiver of subrogation clause protects them from any effort by the owner’s property or builder’s risk carrier to recover


New York Court finds direct contract necessary for “Additional Insured By Written Contract” coverage
  • Clyde & Co LLP
  • USA
  • January 17 2017

The “Additional Insured” provision is commonly found within a commercial general liability (“CGL”) insurance policy. This provision, as its name


Accident or Intentional Act? Contractors’ Insurance Rights Could Be Affected by the Distinction
  • Newmeyer & Dillion LLP
  • USA
  • January 12 2017

Although you can purchase insurance for damages caused by an accident (like elbowing someone inadvertently), insurance typically does not provide