Lexis Legal News : Mealey's Construction Defects Insurance : Lawsuit Filings, Litigation, Settlements, Verdicts and Court News

Mealey's Construction Defects Insurance

July 17, 2019
Judge Says Insurer Owes Defense For Defects Case But Stays Indemnity Issue

JACKSONVILLE, Fla. — A commercial general liability insurer has a duty to defend an additional insured in a construction defects case, a Florida federal judge ruled July 12; however, the judge stayed the issue of the insurer’s duty to indemnify (Auto-Owners Insurance Co. v. Environmental House Wrap Inc., et al., No. 17-817, M.D. Fla., 2019 U.S. Dist. LEXIS 115898).
July 08, 2019
COMMENTARY: The Surety Company’s Guide To Mitigating False Claims Act Risks

By David B. Robbins and Jason M. Crawford
July 16, 2019
Insurer To Cover Costs To Repair Ceiling Tiles, Not Exterior Stucco, Judge Says

HOUSTON — In a dispute over the construction of a public library, a Texas federal judge held July 12 that commercial general liability insurance policies cover only an arbitration award for the costs of repairing or replacing ceiling tiles, not for repairing or replacing a roof or exterior stucco and, thus, granted in part summary judgment to the insurer (Liberty Surplus Insurance Corp. v. Century Surety Co., et al., No. 18-1444, S.D. Texas, 2019 U.S. Dist. LEXIS 116093).
July 15, 2019
Judge Denies Summary Judgment To Insurer On Coverage, Bad Faith Claim

OKLAHOMA CITY — An insurer is not entitled to summary judgment on the issue of coverage and fails to establish that any policy exclusions preclude coverage for an underlying construction defects case, an Oklahoma federal judge ruled July 12, also denying summary judgment to the insurer on an insured’s bad faith counterclaim (Country MutualInsuranceCo. v. AAA Construction LLC, No. 17-486, W.D. Okla., 2019 U.S. Dist. LEXIS 115935).
July 11, 2019
Third-Party Claimant Not Entitled To Bad Faith Damages Under Policy

NEW ORLEANS — In an unpublished per curiam opinion, a Fifth Circuit U.S. Court of Appeals panel on July 9 ruled that a federal district court did not err in dismissing a third-party claimant’s insurance bad faith lawsuit against an insurer because the claimant was not an insured under a professional liability policy (Team Contractors LLC v. Waypoint Nola LLC v. Catlin Insurance Co. Inc., No. 18-30419, 5th Cir., 2019 U.S. App. LEXIS 20317).
July 11, 2019
Judge Dismisses Insurer’s Declaratory Judgment Case Over Stucco Damages

JACKSONVILLE, Fla. — A subcontractor’s commercial general liability insurer failed to establish that the amount-in-controversy requirement has been met, a Florida federal judge held July 8, dismissing the insurer’s declaratory judgment lawsuit against its insured, a contractor and homeowners regarding coverage for stucco damages (Southern-Owners Insurance Co. v. Maronda Homes Inc. of Florida, et al., No. 18-1305, M.D. Fla., 2019 U.S. Dist. LEXIS 112528).
July 10, 2019
Insurer Alleges Consulting Group, Others Responsible For Soil Settlement Damages

LOS ANGELES — An insurer alleges in a July 3 complaint filed in a California federal court that a consulting group and others are responsible for a retail mall project’s property damages arising out of soil settlement caused by their faulty workmanship (Ironshore Specialty Insurance Co. v. Kling Consulting Group Inc., No. 19-05787, C.D. Calif.).
July 09, 2019
Insurer Says No Duty To Defend, Indemnify Exists For Construction Defect Case

CHARLESTON, S.C. — In a July 3 complaint, a commercial general liability insurer seeks a declaration from a South Carolina federal court that it has no duty to defend or indemnify claims arising out of construction defects because the “property damage” fell outside the policy period or is excluded (Main Street America Assurance Co. v. Orellana Stucco Contractor LLC, et al., No. 19-1906, D. S.C.).
July 09, 2019
Connecticut Judge Finds Insureds Alleged Facts In Support Of Bad Faith Claim

ROCKVILLE, Conn. — A Connecticut judge on May 31 denied a homeowners insurer’s motion to strike bad faith and unfair settlement practices claims after determining that the insureds, who are seeking coverage for the deterioration of their home’s foundation walls, stated sufficient facts in support of the claims (Rhonda Prucker, et al. v. American Economy Insurance Co., et al., No. CV186013630S, Conn. Super., Tolland Jud. Dist., 2019 Conn. Super. LEXIS 1530).
June 28, 2019
Professional Liability Insurer Has No Duty To Indemnify Defects Default Judgment

CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 27 affirmed a lower federal court’s ruling that a professional liability insurer has no duty to indemnify an insured for a $1.3 million default judgment entered in favor of a condominium association in an underlying construction defects lawsuit (Essex Insurance Company v. Blue Moon Lofts Condominium Association, et al., Nos. 18-3443 and 18-3530, 7th Cir., 2019 U.S. App. LEXIS 19174).
June 28, 2019
No Coverage Owed For Arbitration Demand Tied To Defects, Insurer Says

PORTLAND, Ore. — An insurer filed a complaint on June 26 in an Oregon federal court, seeking a declaration that it has no duty to defend or indemnify an underlying arbitration demand arising out of deficiencies in repair work performed by an insured (Allied World Surplus Lines Insurance Co. v. NW Building Forensics LLC, et al., No. 19-01001, D. Ore.).
June 28, 2019
Additional Insured Sues For Coverage Of Underlying Water Intrusion Lawsuit

BOISE, Idaho — A contractor filed a declaratory judgment action on June 25 in an Idaho federal court, seeking coverage as an additional insured under commercial general liability insurance policies issued to subcontractors for an underlying case alleging water intrusion to an apartment building (Steed Construction Inc. v. Auto-Owners Insurance Co., No. 19-00238, D. Idaho).
June 27, 2019
No Coverage Owed For Suits Stemming From Collapse Of Pedestrian Bridge

MIAMI — Insurers owed no duty to defend an insured for underlying suits stemming from the collapse of a pedestrian bridge because the policies’ professional service exclusion clearly bars coverage for the claims arising out of the insured's work on the pedestrian bridge, a Florida federal judge said June 24 (The Travelers Indemnity Co., et al. v. FIGG Bridge Engineers Inc., et al., No. 18-22585, S.D. Fla., 2019 U.S. Dist. LEXIS 106116).
June 25, 2019
Judge: Insurer Has Duty To Defend But No Duty To Indemnify Defects Dispute

MISSOULA, Mont. — An insurer has a duty to defend underlying claims under the mixed action rule, a Montana federal judge held June 20; however, it has no duty to indemnify for liquidated damages, breach of warranty, Montana Consumer Protection Act and emotional distress claims because factual issues bar summary judgment on the duty to indemnify (Atlantic Casualty Insurance Co. v. Peggy Quinn, et al., No. 18-76, D. Mont., 2019 U.S. Dist. LEXIS 103566).
June 21, 2019
Developer Sues 11 Insurers For Failing To Defend 2 Construction Defect Cases

LAS VEGAS — A developer sued 11 commercial general liability insurers on June 17 in a Nevada federal court, asserting breach of contract and bad faith claims for their failure to defend it as an additional insured in two underlying construction defect cases (Centex Homes v. Financial Pacific Insurance Co., et al., No. 19-01034, D. Nev.).
June 18, 2019
No Coverage Afforded Under 3 Homeowners Policies For Cracking Foundation Walls

VERNON, Conn. — A Connecticut judge on May 30 determined that no coverage is afforded under three homeowners policies for the cracking of the insured’s basement walls as a result of the use of defective concrete; however, the judge said a question of fact exists as to whether coverage is afforded under a fourth homeowners policy (Joseph Dinardo, et al. v. Pacific Indemnity Co., et al., No. CV-16-6010979-S, Conn. Super., Tolland Jud. Dist., 2019 Conn. Super. LEXIS 1206).
June 18, 2019
Judge Reconsiders Insurer’s Duty To Defend Cracking Damage In Swimming Pool

SAN ANTONIO — Reconsidering a prior ruling in favor of coverage, a Texas federal judge on June 13 ruled that an insurer has no duty to defend a contractor against allegations arising from cracking in a swimming pool because a breach of contract exclusion applies to both the contract and negligence claims asserted against insureds (Mt. Hawley Insurance Co. v. Slay Engineering/Texas Multi-Chem/Huser Construction, No. 18-00252, W.D. Texas).
June 18, 2019
Insurer Sues Insurer For Equitable Contribution Of Construction Defect Case

LOS ANGELES — A general contractor’s insurer sued a subcontractor’s insurer on June 14 in a California federal court, asserting claims for declaratory relief and equitable contribution regarding coverage for an underlying construction defect case against the general contractor and subcontractor (Kinsale Insurance Co. v. HDI Global Specialty SE, No. 19-05219, C.D. Calif.).
June 17, 2019
Majority Affirms Allocation Of $6M Settlement In Product Liability Coverage Dispute

ST. LOUIS — A majority of the Eighth Circuit U.S. Court of Appeals on June 14 affirmed a lower federal court’s ruling that an excess insurer owes a designer and manufacturer insured $2.76 million for an underlying $6 million settlement of an underlying product liability lawsuit involving defective air ducts, rejecting the excess insurer’s argument that the lower court improperly interpreted the batch clause endorsement (National Union Fire Insurance Company of Pittsburgh, PA, et al. v. Donaldson Company Inc. v. Federal Insurance Co., No. 18-1063, 8th Cir., 2019 U.S. App. LEXIS 17897).
June 13, 2019
South Carolina High Court Issues Test For Privilege In Insurance Bad Faith Cases

COLUMBIA, S.C. — Addressing a certified question in an insurance bad faith action against an insurer for its failure to defend an insured in a construction defect action, the South Carolina Supreme Court on June 12 answered in the negative and held that “denying liability and/or asserting good faith in the answer does not, standing alone,” waive the attorney-client privilege for claim files (Mt. Hawley Insurance Co. v. ContraVest Inc., et al., No. 2018-001170, S.C. Sup., 2019 S.C. LEXIS 53).