Court Applies ‘Professional Liability Exclusion’ So Had No ‘Duty to Defend’ Architect Under CGL Policy

by Kent Holland | Jan 14, 2015 | duty to defend, Newsletter Article, professional liability exclusion

By James Rhodes, Esq. ConstructionRisk Counsel, PLLC Introduction A federal appeals court, applying Louisiana law, held that an insurer did not owe a duty to defend its insured, an architect, in a suit by the architect’s former client. The court explained that...

No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion

by Kent Holland | Aug 11, 2014 | duty to defend, Newsletter Article

By J. Kent Holland, Esq. and James N. Rhodes, Esq.ConstructionRisk Counsel, PLLC Published on IRMI.com A Wisconsin appeals court found that an insurer’s duty to defend under a contractors pollution liability (CPL) policy was not triggered by an explosion caused...

CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

Under Connecticut law it was held that a CGL carrier had a duty to defend its named insured, swimming pool construction prime contractor, against suits by homeowners alleging cracking in their new pools due to defective workmanship by concrete supply subcontractors....

CGL Insurance Carrier in Tennessee Owed Duty to Defend – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

A CGL insurance carrier owed a duty to defend its insured against a homeowner suit that alleged defective work, despite lack of clarity in the complaint that the work was performed by a subcontractor, and despite any indication in the complaint that the work caused...

The Unrelenting Tide of the Duty to Defend

by Kent Holland | Dec 28, 2012 | duty to defend, Newsletter Article

By Brian K. Stewart, Esq. and Kevin J. Engelien, Esq.– Collins Collins Muir & Stewart, LLP.  The immediate contractual duty to defend, once thought by some to be isolated to the “not so golden anymore” state of California as a result of two important court...

Insurance Carrier Had No Duty to Defend Engineer in Wrongful Death Action Based on Trench Collapse

by Kent Holland | Feb 8, 2011 | duty to defend, Newsletter Article

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....