Showing all results for category “construction”

Policy Does Not Cover Wildfire Destruction of Two Residential Homes During Construction When Insured Failed to Disclose the Construction on Insurance Application

In Travelers Prop. Cas. Co. of Am. v. Talcon Grp. LLC, the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s entry of summary judgment in favor of Travelers, and held that the Policy excluded coverage for Talcon’s two residential homes destroyed by wildfire during construction, where Talcon failed to disclose said residential construction on his insurance application. More specifically, the Court found that the Policy, “when viewed together with the insured’s insurance application as required by Florida law, unambiguously provides coverage for only underground utility operations and the site development work tied to those operations [but] did not extend to the construction of the two [residential] homes.”

Clausen Miller to Open Milwaukee, Wisconsin Office on June 1

The new office, located in the heart of the city, will be led by Wisconsin Managing Partner Jim Weck.

Insurer Found To Have No Warranty Liability To Assignees Of Tort Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 10, 2021

The 7th U.S. Circuit Court of Appeals recently held that a subcontractor’s waiver of the Kotecki cap did not subject the subcontractor’s insurer to liability for the subcontractor’s alleged breach of warranty,

Policy Precludes Third-Party Coverage Bid

The 3rd District Appellate Court recently held that an additional insured under a liability policy could not establish its right to coverage by relying on allegations contained in its third-party complaint against the named insured.

Perri And Leis Obtain Early Dismissal Of Claims In Construction Defect Litigation

Carl Perri and Matthew Leis, partners of the New York and New Jersey offices of Clausen Miller’s Professional Liability and Casualty Defense Practice Group, recently won summary judgment on behalf of our paving company client in a construction defect action after lengthy motion practice.

Insurer Not Responsible For Subcontractor’s Underlying Settlement For Its Faulty Work

Metro North, the governing body of a condominium in Chicago, filed suit against the developer, multiple contractors and multiple subcontractors for defective construction that caused, among other issues, water infiltration. CSC Glass, one of the subcontractors,

Defense Department’s Success In New York Continues

Summary Judgment Granted In Favor Of Clausen Miller’s Client In Construction Defect Litigation

Carl M. Perri (NY/NJ Shareholder) and Matthew T. Leis (NY/NJ Partner) in Clausen Miller’s Professional Liability and Causality Defense department,

Additional Insureds Finds Timely Notice Just As Important As For Insureds

The 1st District Appellate Court recently held that an additional insured has obligations similar to a named insured in giving prompt notice of an occurrence or lawsuit to the insurer, and that the additional insured’s failure to comply negated coverage.

Successor To Principal On Surety Bond Has Duty To Make Good To The Surety

The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation and development agreement between the developer and city of Elgin was potentially obligated to the developer’s surety upon the successor’s default under the agreement.

East Coast CM Report of Recent Decisions – 2016 Vol. 1

Articles in this report

Bailees Who Purport To Exempt Themselves From All Liability, Even For Their Own Negligence, Run Afoul Of UCC 7-204
In XL Specialty Ins. Co. v. Christie’s Fine Art. Stor.