Comprehensive General Liability

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   Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured's second amended counterclaim alleging various claims for relief. Ill. Nat'l Ins. Co. v. Nordic PCL Construc., Inc., 2013 U.S. Dist. LEXIS 108932…

   In an significant decision touching on a host of issues, the Hawaii Intermediate Court of Appeals (ICA) overturned the circuit court and found numerous insurers had a duty to defend its insured for bodily injury and property damage caused by the 2006 breach of the Kaloko Dam on Kauai. C. Brewer and Co., Ltd. …

   In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered because such claims do not arise from an occurrence. Nautilus Ins. Co. v. 3 Builders, Inc., 2013 U.S. Dist. LEXIS 88480 (D. Haw. June…

   The Georgia Supreme Court has determined that an "occurrence" may arise under a CGL policy even if "other property" is not damaged. Taylor Morrison Servs. v. HDI-Gerling Am. Ins. Co., 2013 Ga. LEXIS 618 (Ga. July 12, 2013).

   Taylor Morrison, the insured, was a homebuilder. It was sued in a class action…

   The West VirginiaSupreme Court previously held that construction defects were not covered undera CGL policy.  The Court, however, reversed itself in Cherrington v. Erie Ins. Prop. & Cas. Co., 2013 W.Va. LEXIS 724 (W.V.June 18, 2013).

   The underlying complaint against the general contractor allegedvarious defects in the plaintiff’s recently constructed house…

    The Federal District Court in Virginia found that allegations of faulty workmanship could arise from an occurrence. Nautilus Ins. Co. v. Strongwell Corp., 2013 U.S. Dist. LEXIS 79163 (W. D. Va. June 4, 2013).

   Strongwell supplied certain fiberglass reinforced plastic materials to a subcontractor of Black & Veatch for a construction…

   The U.S. District Court in Alabama certified a question to the Connecticut Supreme Court: Is damage to a project caused by faulty workmanship "property damage" resulting from an "occurrence"? With some qualification, the Connecticut Supreme Court answered in the affirmative. Capstone Building Corp. v. Am. Motorists Ins. Co., SC 18886 (Conn. June 11, 2013).…

   The federal district court assumed there was "property damage" caused by an "occurrence," but found the business risk exclusions barred coverage for construction defect claims. Hubbell v. Carney Bros. Constr., 2013 U.S. Dist. LEXIS 68331 (D. Colo. May 13, 2013).

   The plaintiffs entered a construction contract with the insured general contractor to build…