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CaliforniaCaselawDuty to defendSelection of defense counsel
California insured’s duty to cooperate and insurer’s right to select defense counsel
In Travelers Property Casualty Co. v. Centex Homes, No. C 10-02757 (N.D. Cal. April 1, 2011), general contractor Centex was sued by homeowners for construction ...
"Property damage"CaselawDuty to defendj.(5)j.(6)North CarolinaOccurrence
North Carolina “property damage” caused by an “occurrence,” exclusions j(5) and j(6) “that particular part,” and duty to defend.
In Builders Mut. Ins. Co. v. Mitchell, No. 08 CVS 002340 (N.C. Ct. App. April 5, 2011), claimant McKinney hired insured general contractor Umstead to ...
"Property damage"CaselawOccurrenceWisconsin
Wisconsin “property damage” caused by an “occurrence.”
In American Family Mut. Ins. Co. v. American Girl, Inc., 673 N.W.2d 65 (Wis. 2004), the insured general contractor was hired by the owner to ...
"Property damage"Caselawj.(6)k. Your productl. Your completed workm. Impaired PropertyOccurrenceOhio
Ohio “property damage” caused by an “occurrence,” and exclusions j(6), k., l., and m.
In Cincinnati Ins. Co. v. Dorsey Reconditioning, Inc., No. 10-CA-11 (Ohio Ct. App. March 25, 2011), insured Dorsey contracted with claimant Clow to sandblast and ...
CaselawCommencementDuty to defendNew York
New York commencement of duty to defend
In American Home Assurance Co. v. BFC Construction Corp.,. No. 4323 (N.Y. App. Div. Feb. 22, 2011), the named insured tendered its defense of the ...
CaselawCo-insurer contributionTexasUncategorized
Texas res judicata and co-insurer defense costs contribution
In Truck Ins. Exchange v. Mid-Continent Casualty Co., No. 03-08-00526-CV (Tex. App. 3d Aug. 27, 2010), insured contractor DCI was sued by the project owner ...
Caselawj.(5)j.(6)Missouri
Missouri exclusions j.(5) and j.(6); “that particular part”
In Brake Landscaping & Lawncare, Inc. v. Hawkeye-Security Ins. Co., No. 09-3874 (8th Cir. Nov. 1, 2010), insured landscaping contractor Brake, intending to apply a ...
CaselawNorth CarolinaTrigger
North Carolina trigger
In Alliance Mutual Ins. Co. v. Guilford Ins. Co., No. COA10-619 (N.C. Ct. App. March 15, 2011)(unpublished), insured Premier, the plumbing subcontractor for a residential ...
"Property damage"CaselawFloridaj.(5)
Florida “property damage” and exclusion j.(5)
In Precise Construction, Inc. v. Amerisure Ins. Co., No. 10-10976 (11th Cir. March 14, 2011)(unpublished), Precise was the general contractor for a commercial construction project. ...
CaselawGeorgiaOccurrence
Georgia “occurrence”
In American Empire Surplus Lines Ins. Co. v. Hathaway Development Co., Inc., No. S10G0521 (Ga. March 7, 2011), insured plumbing subcontractor Whisnant was sued by ...