The Tenth Circuit affirmed the District Court's determination that there was no coverage under the builder's risk policy. Gerald H. Phipps, Inc. v. Travelers Prop. Cas. Co. of Am., 2016 U.S. App. LEXIS 2764 (10th Cir. Feb. 16, 2017).
GH Phipps Construction Company (GHP) was hired to renovate and expand
The court granted summary judgment to the insurer, finding there was no duty to defend or indemnify a tenant/insured's contract-related claims. Erie Ins. Exch. v. Little Ducklings Daycare Associates, LP, 2017 Phila. Ct. Com. Pl. LEXIS 22 (Pa. D. Jan. 25, 2017).
Little Ducklings Daycare Preschool ("tenant") leased from the Estate of Carmen Neri
The court determined the insurer did not act in bad faith when it failed to indemnify the insured for an award of punitive damages. Bensalem Racing Ass/n v. Ace Prop. & Cas. Ins. Co., 2017 Phila. Ct. Com. Pl. LEXIS 11 (Pa. D. Jan. 20, 2017).
The insured, Parx Racing, operated a racetrack. Mario Ramiro
The Federal District Court for the District of Connecticut has issued several decisions of late finding coverage for collapse despite the building not being reduced to rubble. The latest decision in this series is Metsack v. Liberty Mutual Fire Ins. Co., 2017 U.S. App. LEXIS 24062 (D. Conn. Feb. 21, 2017).
The New Jersey Supreme Court found that an anti-assignment provision could not be applied to bar a post-loss claim assignment. Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., 2017 N.J. LEXIS 121 (N.J. Feb. 1, 2017). In reaching its decision, the court distinguished a decision from the Hawaii Supreme Court enforcing consent-to-assignment clauses and failing
The court agreed there was no coverage for payments when the insured was not legally obligated to make such payments. Elec. Motor & Constr. Co. v. Travelers Indemn. Co. of Am., 2017 U.S. Dist. LEXIS 11889 (E.D. Va. Jan. 27, 2017).
The insured, Electric Motor, contracted with the United States Navy to repair generators
The court found there was no duty to defend the subcontractor for alleged faulty workmanship in installing stone veneer at a condominium construction project. Quality Stone Veneer, Inc. v. Selective Ins.Co. of Am., 2017 U.S. Dist. LEXIS 9393 (E.D. Pa. Jan. 23, 2017).
Quality Stone Veneer (QSV) entered a subcontract with
The Ohio Court of Appeals determined that the CGL policy was ambiguous as to whether a subcontractor's faulty workmanship was an "occurrence." Ohio N. Univ. v. Charles Constr. Serv., 2017 Ohio App. LEXIS 258 (Ohio Ct. App. Jan. 23, 2017).
In 2007, Ohio Northern University (ONU) entered a contract with Charles Construction Services, Inc.
Our panel at today’s ABA Insurance Coverage Litigation Committees’s Tucson seminar. Our group consists of Rina Carmel of Zelle McDonough & Cohen LLP; Karin Aldama of Perkins Coie, LLP; Demetrius Rush of Zurich North America; and Tred Eyerly of Damon Key Leong Kupchak Hastert. We discussed problems that arise when the policy holder and
Applying Montana law, the federal district court found there was no coverage for a subcontractor who was sued by the contractor for breach of the subcontract. Phoenix Ins. Co. v. Ed Boland Constr., Inc., 2017 U.S. Dist. LEXIS 6654 (D. Mont. Jan 18, 2017).
Northbank was the general contractor on a project to repair a bridge
