Caselawj.(5)j.(6)Massachusetts
Massachusetts exclusions j(5) and j(6) “that particular part.”
In E.H. Spencer & Co., LLC v. Essex Ins. Co., No. 09-P-1812 (Mass. Ct. App. April 8, 2011)(unpublished), insured Spencer was the general contractor for ...
Read More →
"Property damage"CaselawDuty to defendOregon
Oregon “property damage” and duty to defend
In State Farm Fire & Casualty Co. v. American Family Mut. Ins. Co., A142944 (Ore. Ct. App. April 6, 2011), insured general contract Edgewater built ...
Read More →
Additional InsuredArizonaCaselaw
Arizona “on-going operations only” additional insured endorsement
In Tri-Star Theme Builders, Inc. v. OneBeacon Ins. Co., 426 Fed. Appx. 507 (9th Cir. 2011)(unpublished), owner Tribes hired general contractor Tri-Star to construct a ...
Read More →
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 ...
Read More →
"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 ...
Read More →
"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 ...
Read More →
CaselawUncategorized
Wisconsin “property damage” and exclusion l.
In General Casualty Co. of Wis. v. Rainbow Insulators, Inc., No. 2010AP347 (Wis. Ct. App. March 31, 2011), claimant condominium project general contractor KBS sued ...
Read More →
"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 ...
Read More →
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 ...
Read More →
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 ...
Read More →