Insurance Carrier Had No Duty to Defend Engineer in Wrongful Death Action Based on Trench Collapse
CGL Professional Exclusion,Insurance Disputes,Site Safety,Third
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An engineer’s general liability insurance carrier (“Utica Insurance”) refused to defend a suit against the engineer arising out of the death of a laborer (“Lindsley”) in a trench collapse. It contented that the claim was excluded from coverage. The trial court’s declaratory judgment in favor of the engineer against the insurance carrier was reversed on [...]
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No Coverage Under CGL Policy for Contractor’s Professional Opinion
CGL,CGL Professional Exclusion,Insurance - Intentional Acts,Insurance Coverage Disputes,professional services exclusion
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A roofing contractor that contracted with a homeowner’s association to recommend and specify re-roofing materials, was sued by the association for negligent advice because the recommended material allegedly did not adequately insulate the building. The contractor tendered the claim to its CGL carrier but the carrier denied coverage on the basis that the advice rendered [...]
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Insurance Company Improperly Refused to Defend Additional Insured Under Contractor’s Policy
Additional Insured,CGL Professional Exclusion,duty to defend,Insurance,Insurance Coverage Disputes
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An additional insured endorsement to an insurance policy entitled the Texas Department of Transportation (TxDOT) to a defense by the Contractor’s insurance company. St. Paul Insurance Company did not deny that it owed some coverage to TxDOT, but it refused to defend the agency, claiming that TxDOT would be adequately protected from vicarious liability by [...]
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Where an architectural firm was sued by multiple plaintiffs for bodily injuries and property damage resulting from the collapse in 2003 of a parking garage it designed for the Tropicana Casino Resort in Atlantic City , its commercial general liability (CGL) carriers were held to have no duty to defend against the suits. This is [...]
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