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A Demand Letter to an Insured Architect and Others was not Deemed to be “Claim” that had to be Reported to the Professional Insurance Carrier

by Kent Holland | Nov 23, 2021 | Newsletter Article

Insurance carrier denied coverage under an insured’s professional liability policy because the carrier believed the design professional failed to timely file the claim when it first knew of it, based on a demand letter sent by the project owner to a number of...

No Insurance under CGL Policy for Contractual Dispute

by Kent Holland | Jul 27, 2021 | Newsletter Article

Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties sued each other over the payment dispute.  The subcontractor then...

Contractor had no Professional Liability Coverage under CGL Policy

by Kent Holland | Apr 27, 2021 | Newsletter Article

When a swimming pool builder was sued by an individual that suffered injury in the pool that the builder contracted with the health club to design and construct.  The complaint alleged negligent design.  The builder tendered the claim to its commercial general...

Insurance Carrier Was Correctly Dismissed from Litigation Against Engineer

by Kent Holland | Jan 26, 2021 | Newsletter Article

A commercial general liability (CGL) carrier was entitled to summary judgment that it owed no duty to defend an engineering firm against a lawsuit alleging that the firm had intentionally defrauded the homeowners in a community concerning the quality of their drinking...

CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work

by Kent Holland | Aug 11, 2020 | Newsletter Article

Design-Builder’s services were terminated by the project owner. It then sued the owner for breach of contract. The owner counter-claimed — alleging breach of contract, breach of “implied duties of workmanlike performance and fitness for a particular purpose,”...
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