Insurance Carrier Was Correctly Dismissed from Litigation Against Engineer

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

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,”...

Subcontractor Failure to do Soil-Compaction Testing was Covered by General Contractor’s CGL Policy as an Occurrence that Caused Damages to Building

Where a subcontractor failed to conduct soil-compaction testing before construction, the house that was built on non-compacted soil sustained settlement damage. The homeowners sued both the general contractor (GC) and subcontractor for damages. The GC tendered the...

CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work

A condominium complex sustained consequential damages resulting from rainwater infiltration from roof leaks and leaking windows, due to alleged defective work of a construction subcontractor. The condo association filed suit against the prime contractor, among others,...

CGL Policy May Cover Damage to the Insured Contractor’s Own Work and Breach of Warranty is a Potentially Covered Occurrence

A question often arises whether there is insurance coverage under a commercial general liability (CGL) policy for damage the insured contractor’s own work.  Many states require that there is no insurable  “occurrence” under a CGL policy unless there has been damage to...