The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy. In Harper Construction Co., Inc. v. Nat’l Union Fire Ins. Co. […]

The recent white paper on Repair Work Endorsements by Jeremiah Welch, drew a storm of responses. Most were appreciative and included follow up questions, but there were those that lamented along the lines of: “How can that be? We’ve been doing it this way for years…”. For the skeptics, the best approach to test the premise of the […]

Wisconsin’s Supreme Court recently held that even where a complaint generally alleges a company acted wrongfully and with intent to defraud, a single potentially covered claim still triggers the duty to defend. The case is yet another in a long line of state high court decisions finding that the duty to defend is exceedingly broad […]

Many markets which provide insurance for construction projects include an endorsement providing coverage for “repair work” as part of their standard policy. “Repair work” endorsements are largely misunderstood by policyholders and the insurance broker community. They are typically assumed to be coverage enhancements, but many provide no additional coverage and actually risk reduction of coverage […]

The California Court of Appeals recently confirmed California’s support for the notice-prejudice rule. The notice-prejudice rule requires insurers that deny coverage based on a failure to provide notice under the policy to show that they have been prejudiced by the untimely or insufficient notice. The Court held that a policyholder who failed to notify her […]

An Ohio court recently determined that Bitcoin constitutes covered “property,” rather than “money,” under the terms of a homeowners’ insurance policy, such that coverage for its loss was not restricted to a policy sublimit for monetary losses.1 In Kimmelman v. Wayne Ins. Group, the court considered a coverage action based on a theft of approximately $16,000 […]

In Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Co., Docket No. 16-2999-cv, 17-2484-cv (2d Cir. 2018), the United States Court of Appeals for the Second Circuit affirmed the trial court’s decision that the assault and battery exclusion in an excess liability policy did not exclude coverage for claims made against the Archdiocese for […]

2018 was a year of landmark decisions regarding insurance coverage for a variety of emerging claims, including cyber fraud, the “Me Too” movement, and wildfires. Read on to learn more as well as to find out what cases you should keep your eye on as 2019 unfolds. *The authors wish to thank Andrew Heckler, an […]