Applying Colorado law, the Tenth Circuit found a duty to defend construction defect claims where the faulty workmanship was unintentional. Greystone Const. Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272 (10th Cir. 2011). A prior post [here] discussed the Tenth Circuit's certified question to the Colorado Supreme Court
Illinois Court Determines Insurer Must Defend Negligent Misrepresentation Claim
Although the insureds disclosed flooding problems in the basement, the buyers purchased their home. USAA Cas. Ins. Co. v. McInerney, 2011 Ill. App. LEXIS 1130 (Ill Ct. App. Oct. 31, 2011). In a supplemental disclosure, the insureds reported that during heavy rains light seepage occurred in the basement.
After moving in, the
Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award
Although the excess carrier was given inadequate notice of the underlying arbitration, the trial court determined it shared responsibility with the primary carrier for the arbitration award. Finding disputed issues of fact, the Washington Court of Appeals reversed in Am. States Ins. Co. v. Century Surety Co., 2011 Wash. App. LEXIS 2488 (Wash.
Ensuing Loss Provision Does Not Salvage Coverage
Water intrusion caused by a contruction defect was not covered under the all risk policy's ensuing loss provision. See Friedberg v. Chubb & Son, Inc., 2011 U.S. Dist. LEXIS 123582 (D. Minn. Oct. 25, 2011).
Extensive water damage was discovered in the insureds' home when a small hole in the exterior
Duty to Defend Arises from Allegations of “Advertising Injury”
The insured, Dish Network Corporation, was sued for patent infringement by Ronald A Katz Technology Licensing, L.P. (RAKTL). See Dish Network Corp. v. Arch Specialty Ins. Co., 2011 U.S. App. LEXIS 20955 (10th Cir. Oct. 17, 2011). RAKTL alleged Dish infringed on twenty-three patents. The underlying complaint provided little information about how Dish
SIR Relieving Insurer of Obligations After Insured’s Bankruptcy Violates Public Policy
A self-insured retention provision that excused the insurer from providing excess coverage if the insured was bankrupt and unable to meet the SIR violated public policy in Rhode Island. Rosciti v. The Ins. Co. of the State of Pennsylvania, 2011 U.S. App. LEXIS 20400 (1st Cir. Oct. 7, 2011).
The Roscitis purchased
We’re Included In The Top 50 Insurance Law Blogs for 2011
A special side-note for news received this morning. Insurancelawhawaii has made the Top 50 Insurance Blogs for the third consecutive year as selected by the LexisNexis Insurance Law Community. Thank you to LexisNexis for the recognition and thanks to our readers for their continued support of this blog.
The other top 50 Insurance Blogs for 2011 recognized
Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall
Exclusions barred the homeowners from recovering for losses caused by Chinese drywall in their home. Ross v. C. Adams Const. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App., released for publication Oct. 5, 2011).
Two years after purchasing their home, the Rosses began experiencing chronic malfunctions in the heating
Coverage For Liver Surgery Of Questionable Benefit Denied
The sad story of a woman who went ahead with liver surgery her insurer would not cover was considered by the Ninth Circuit in Conahan v. Sebelius, 2011 U.S. App. LEXIS 22071 (9th Cir. Nov. 1, 2011).
By way of background, Medical Advantage beneficiaries receivemedical services within the network of providers established by their
Faulty Wormanship Exclusion Does Not Bar Coverage
The court determined that the Faulty Workmanship Exclusion only barred coverage for damages arising from problems with the property under construction itself and not to losses incurred to correct damage from accidents during construction. See 1756 First Associates, LLC v. Continental Casualty Co., 2011 U.S. Dist. LEXIS 117100 (S.D.N.Y. Oct. 3, 2011).