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Court Finds Coverage for Construction Defects Despite Exclusions to the Contrary

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland, Jr. Where a contractor was sued for defective work on a construction project, it demanded that its commercial general liability (CGL) policy carrier provide coverage for the claim.  A trail court ruled that the policy did not cover the damages because...

Additional Insured is not Covered for Sole Negligence

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland, Jr. Insurance coverage was provided to a third-party (project owner) as an additional insured under a contractor’s excess insurance policy.  Where the additional insured endorsement excluded coverage for the additional insured’s sole negligence, the...

Architect’s Admissions in Settlement Agreement used against Him by State Board of Examiners to Revoke his License

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland, Jr. A State Board of Examiners of Architects was legally permitted to consider admissions against interest by Architect in a settlement agreement with its client which was incorporated into a court order resolving litigation.   The architect’s...

Arbitration Clause in AIA Design-Build Subcontract Bars Third Party Claim in Litigation

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

By:  J. Kent Holland, Jr. A Design/Builder that was sued by project owner for alleged design and construction defects was barred from bringing a third party claim or separate legal action against its subcontractor architect, because the AIA sub-contract document...

Mold Excluded in Homeowner’s Policy is not Covered as an Ensuing Loss of Leaking Water

by Kent Holland | Jul 22, 2011 | Newsletter Article

Summary judgment was correctly awarded against a homeowner that claimed it was entitled to coverage under its homeowner policy for damages arising out of mold growth that occurred as a result of construction defects that caused serious water leakage through the roof...
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