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Tag: occurrence


Iowa Court Holds Defective Construction Is A Covered OccurrenceJun 28, 2016

A big decision in favor of policyholders came out in Iowa this month.  If you have a commercial general liability policy that is subject to Iowa law, damages resulting from defective construction are now covered as “occurrences” under your policy.  The Iowa Supreme Court’s decision, National Surety Corporation v. Westlake Investments, LLC, greatly improves the risk-management landscape for policyholders. For more details, please click to read our new Case Alert.  

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New Jersey Adopts a “No Prejudice” Rule for Sophisticated Insureds Under “Claims Made” PoliciesMar 21, 2016

If you are a sophisticated business with a claims-made policy, there is a case you should be aware of. Last month, New Jersey adopted a new rule regarding late notice by an insured. In summary, the “no prejudice” rule states that the insurance company does not have to show that it has been prejudiced by the insured’s late notice before it can deny coverage. For full details, please read the…

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New Jersey Supreme Court to Decide Whether Defective Construction Constitutes an “Occurrence”Nov 06, 2015

The New Jersey Supreme Court will enter the fray to decide whether consequential damages caused by the faulty work of a subcontractor constitute “property damage” and an “occurrence” under a general contractor’s CGL Policy. Should the Court affirm the Appellate Court’s decision, which held that consequential damages constitute “property damage” caused by an “occurrence,” it will be taking the first step in correcting a series of anti-policyholder decisions on the…

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Webinar on Monday: CGL Policy Exclusions, Triggers, and IndemnificationJul 31, 2015

Join SDV’s own Theresa Guertin next Monday, August 3 from 2:00-3:30pm EDT  for her webinar on CGL Policy Exclusions, Triggers, and Indemnification. Being able to dissect, analyze, interpret and effectively use commercial general liability policies to your client’s advantage requires a profound understanding of how to read between the lines of the contract language. In this legal guide designed for attorneys, you’ll dig deep into CGL exclusions, endorsements, triggers of coverage…

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We’ve Updated Our “Defective Construction as an Occurrence” SurveyJul 15, 2015

Due to some interesting new court decisions (see our previous blog post), we have updated our State by State Survey on Defective Construction as an Occurrence. This report covers which states find defective construction to be an occurrence, which do not, and which are tending towards which direction. Our survey also notes which cases in each state are involved. Click here to download the latest version this survey.

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A Busy Week for Defective Construction as an “Occurrence” – New Jersey and Oklahoma Courts Weigh InJul 13, 2015

On July 9, 2015, a New Jersey state appellate court and an Oklahoma federal district court each held that claims for defective construction constituted “property damage” caused by an “occurrence” under the corresponding CGL policies, despite previous decisions concluding otherwise. In these recent decisions, the reviewing courts found the determining factor for the “occurrence” inquiry to be whether the insured expected the resulting damage.  Since neither could credibly prove that…

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Defective Construction may not be an “Occurrence” in DelawareApr 02, 2015

A recent Delaware Superior Court decision held that defective construction does not constitute an “occurrence” for purposes of commercial general liability coverage. Although the Delaware Supreme Court has not yet addressed this issue, this decision continues a trend of finding that faulty workmanship does not constitute an accidental occurrence in Delaware lower and federal courts. In comparison, many other states have held that defective construction does constitute an “occurrence,” making…

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