Whether the insurer was obligated to indemnify its insured for potential liability under a contractual indemnity provision was at issue in Farmers Ins. Exchange v. RNK, Inc., 2011 U.S. App. LEXIS 1255 (1st Cir. Jan. 21, 2011).
RNK, a telephone company, and Ripple, a company providing conference services including chat lines, entered
This past Friday, Judge Richard R. Clifton of the U.S. Ninth Circuit Court of Appeals gave an informative and entertaining presentation to the Litigation section of the Hawaii State Bar Association. The title of the presentation was, “Practice Pointers for Appeals: Procedure, Briefing and Oral Argument.”
Judge Clifton started with some personal background.
This year’s annual ABA, Section of Litigation, Insurance Coverage Litigation Committee CLE Seminar will be held in Tucson on March 3-5, 2011. The conference will offer a number of timely, comprehensive sessions on such insurance-related issues as coverage for natural and not-so-natural disasters, litigation over construction claims, emerging issues in the health care industry
This post from today's BusinessInsurance.com addresses legislation introduced in South Carolina seeking to extend coverage for construction defects under CGL policies. We posted on a similar effort underway in Hawaii to expand coverage for construction defects under SB1194.
Similar to Hawaii's effort through SB1194 to correct the Intermediate Court of Appeal's decision in
In Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) [decision here], the Hawaii Intermediate Court of Appeals determined that construction defects did not arise from an occurrence and therefore were not covered under a CGL policy. [See our Group Builders’ post here]. Bills were recently
The plaintiff was a developer of a subdivision. See Standard Pacific of the Carolinas, LLC v. Amerisure Ins. Co., 2011 U.S. Dist. LEXIS 963 (D. S.C. Jan. 5, 2011). Pursuant to a contract, it hired Matthews Construction as general contractor to build the subdivision. Matthews agreed to providea general liability policy from Amerisure naming
Following recent Fifth Circuit precedent, the federal district court ruled that the assignment made after the loss without the insurers consent was invalid. See Nautilus Ins. Co. v. Concierge Care Nursing Centers, Inc., 2010 U.S. Dist. LEXIS 136842 (S. D. Tex. Dec 28, 2010).
In 1999, Brae Burn Construction Company Inc. entered into
In a prior post, we noted the Indiana Supreme Court held that the CGL policy covers damage to a home structure resulting from shoddy subcontractor work unless the subcontractor work was intentionally faulty. See Sheehan Constr. Co. v. Cont'l Cas. Co., 935 N.E. 2d 160 (Ind. 2010). In a subsequent construction defect
Where the insured faces environmental suits in several states, should the law governing the liability policy be "site-specific," meaning the law of each state in which allegations of injury or property damage arise governs the policy's interpretation, or "uniform," whereby a single state's law governs? In Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. v. Standard Fusee Corp
In this multi-district litigation, the court considered the insurers' motions to dismiss plaintiffs' suits for alleged property damage caused by Chinese drywall. In Re: Chinese Manufacture Drywall Products Liability Litigation, 2010 U.S. Dist. LEXIS 133497 (E.D. La. Dec. 16, 2010). After determining there was coverage, the court considered several exclusions and the ensuing loss provisions