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CONSTRUCTION CASE LAW SUMMARIES

Insurance

Spring of 2011

PUBLISHED BY: CCL CONSTRUCTION CONSULTANTS, INC. AT SMASHWORDS
COPYRIGHT 2011 BY CCL CONSTRUCTION CONSULTANTS, INC.

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Construction Case Law Summaries

Spring 2011 Insurance Cases:

•Subrogation between coinsurers

•When property damage occurs.

•Excess insurer liable for balance of liability even though contesting that primary insurer’s payment was not all properly due under the primary insurer’s policy.

•Contractor has three years to make claims under a builder’s risk policy in North Carolina.

•To recover under a “had and received claim,” a homeowner must prove that the contractor obtained money that it had no right to in law or equity.

•Defective work within the scope of the construction contract is excluded from coverage by a CGL insurance policy’s contractual limitation exclusion.

•Overhead and profit not allowed until actually paid under replacement cost insurance policy.

•Requests for certificates of insurance can be expedited in discovery if narrowly tailored and in the interest of judicial economy.

•An insurer is not liable for an owner’s damages included in a consent judgment against a contractor but incurred after the policy period.

•A court will not use a definition of “accident” to find coverage for Chinese drywall that differs from a definition expressly provided in an insurance policy provision.

•A commercial liability insurance policy is void if the insured misrepresented material facts in the application.

•Water damage to an air conditioning system was not covered by the “Pollutant Cleanup and Removal” clause in an insurance policy.

•An insured must show an insurer acted unreasonable to be successful on a breach of the implied covenant of good faith and fair dealing.