A commentary on insurance coverage issues in Hawaii and beyond
The federal district court was bound by a prior decision from the Kentucky Supreme Court in deciding construction defects did not qualify as an "occurrence" under a CGL policy. See State Auto Ins. Co. v. Thomas Landscaping & Construction, Inc., 2011 U.S. Dist. LEXIS 88176 (E.D. Ohio Aug. 9, 2011).
After Thomas…
The underlying plaintiff's allegations contended the contractor was in breach of contract for construction defects caused in building her home. Accordingly, the court found no coverage. See Nat'l Builders and Contractors Ins. Co. v. Slocum, 2011 U.S. Dist. LEXIS 81694 (S.D. Miss. July 26, 2011).
Slocum Construction LLC sold a home it…
Although the court determined there was an occurrence, coverage was excluded by the business risk exclusions. See Cont'l W. Ins. Co. v. Shay Constr. Co., 2011 U.S. Dist. LEXIS 82839 (D. Colo. July 28, 2011).
White was the general contractor on the project. White had three subcontracts with Shay to provide framing, siding, and…
Wright-Ryan was hired as the general contractor to construct a building at the University of Southern Maine. Wright-Ryan Constr., Inc. v. AIG Ins. Co. of Canada, 2011 U.S. App. LEXIS 15502 (1st Cir. July 27, 2010). Wright-Ryan subcontracted with Norgate Metal, Inc. for the fabrication and erection of structural steel for the project. Norgate…
A policy's "other insurance" clause and a contractual indemnity provision were at the root for determining which of two insurers had to cover for injuries at a construction site. Valley Forge Ins. Co. v. Zurich Am. Ins. Co., 2011 U.S.Dist. LEXIS 76061 (N.D. Calif. July 14, 2011).
Hathaway was the general contractor at a demolition…
The insurer had no duty to defend when the insured struck a friend while engaged in horseplay. State Farm General Ins. Co. v. Frake, 2011 Cal. App. LEXIS 911 (Cal. Ct. App., certified for publication July 13, 2011).
The insured, Frake, struck his friend, King, in the groin. King filed suit, alleging negligence and assault…
Coverage was denied under the policy's condominium exclusion in California Traditions, Inc. v. Claremont Liability Ins. Co., 2011 Cal. App. LEXIS 912 (Cal. Ct. App., ordered published July 11, 2011).
California Traditions was the developer and general contractor for a housing development. California Traditions subcontracted with Ja-Con to perform the rough framing work for 30 residential…
After the trial court determined the insurers had no coverage obligations for alleged construction defects, a ruling that was subsequently reversed, it was still possible to demonstrate the insurers acted in bad faith. See Lennar Corp. v. Transamerica Ins. Co., 2011 Ariz. App. LEXIS 123 (Ariz. Ct. App. July 5, 2011).
Lennar oversaw…
The insured was a developer of a residential project. Mid-Continent Cas. Co. v. Siena Home Corp., 2011 U.S.Dist. LEXIS 79132 (M.D. Fla. July 8, 2011). The homeowners filed suit, alleging their homes had defectively constructed exterior wall assemblies which allowed moisture and water to penetrate.
Mid-Continent filed suit for a declaratory judgment…
A general contractor was entitled to a defense as an additional insured when the underlying complaint did not allege it was solely negligent. A-1 Roofing Co. v. Navigators Ins. Co., 2011 Ill. App. LEXIS 656 (Ill. Ct. App. June 24, 2011).
A-1 was the general contractor for a roof resurfacing job at…
