General Liability Subsidence Exclusion is Major Concern
CGL Subsidence Exclusion,Insurance Disputes
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The construction defect fiasco in California led to the creation, by the specialty insurers, of the subsidence exclusion for attachment to the commercial general liability policies of homebuilders. Originally the exclusion applied only to completed operations property damage and was limited to subsidence generally caused by foundation failures. It has evolved into the contractor’s worst [...]
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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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