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Category: Construction Defect
Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds
Not aware of using the wrong lumber, the contractor installed it but, after later discovering it, was instructed to remove it and replace it with IBC-certified FRT lumber. Doing so resulted in damage.
New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases
The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts.
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
On December 31, 2019, the First District Illinois Appellate Court issued a decision clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context.
Florida Supreme Court: Chapter 558 Construction Defect Notice May Give Rise to Duty to Defend
On December 14, 2017, the Florida Supreme Court held in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, No. SC16-1420 that a CGL insurer may have a duty to defend its insured/general contractor. . .