ConstructionDefect Archives - The Complex Insurance Coverage Reporter

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

August 2, 2019thecicrInsurance

In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019, a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work.

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

May 29, 2019May 29, 2019thecicrInsurance

Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.