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Costs Incurred to Repair Property Other Than Insured's Defective Work Itself Are Covered Damages

USA - December 4 2015 A Florida federal court ruled that an insurer owes $23 million in indemnification to its insured, a general contractor, for repairs made to fix…

Amy B. Briggs, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Loss of Product Caused by Faulty Design of Bottle Caps Triggers Defective Workmanship Exclusion

USA - December 4 2015 A Massachusetts appellate court held that the loss of a bottled energy drink that was destroyed after quality control testing indicated that there…

Amy B. Briggs, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage

USA - December 4 2015 A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when an Insured or Named Insured is…

Amy B. Briggs, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

An Insured's Lack of Knowledge Regarding the Existence of Its Own Policies Does Not Provide Reasonable Grounds to Justify Late Notice to Its Insurer

USA - December 4 2015 The Supreme Court of Appeals of West Virginia reversed an $8 million jury verdict and held that an insurance company had no coverage obligation to U…

Amy B. Briggs, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.

Insurer's delay in providing defense resulted in lost right to control defense

USA - November 4 2015 Better late than never doesn't apply to insurance coverage, a California federal court recently concluded, holding that an insurer lost its right to…

Amy B. Briggs, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis, Robert H. Shulman.