15 results for 'cat:"Construction" AND cat:"Insurance" AND cat:"Contract"'.
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: construction, insurance, contract
J. Wray finds the lower court erroneously granted the insurers' motion for summary judgment because the construction company's failure to provide notice of a potential claim is outweighed by the insurers' duty to defend under the parties' insurance policies. Therefore, the issues of fact surrounding the insurers' potential breach of their duty to defend must be resolved on remand before any analysis on the issue of notice. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: February 12, 2024, Case #: A-1-CA-39929, Categories: construction, insurance, contract
J. Reidinger grants an insurance company’s motion for summary judgment after a bridge construction corporation counter-sued it for breach of contract. The insurer issued bonds to cover a number of the corporation’s construction projects, and the two parties entered into an indemnity agreement. A year later, the insurance company received claims against the bonds for breach of contract. The corporation admitted it could not complete the contracts and needed a $1.5 million advance. The company agreed under certain conditions, but the corporation never agreed to those, and the company never disbursed the money. The corporation argues that the company was obligated to pay it the full $1.5 million, but the company’s conditions were already part of the indemnity agreement, so this argument fails.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 10, 2024, Case #: 1:22cv24, NOS: Other Contract - Contract, Categories: construction, insurance, contract
J. Wray finds that because New Mexico law prioritizes an insurer's duty to defend over potential contract defenses, including an insured's failure to provide proper notice, the lower court erroneously granted the insurance companies' motion for summary judgment on claims filed by the subdivision developer. Although the developer waited several years after the first claims of structural defects to file its claim with the insurers, factual disputes regarding whether the insurers have a duty to defend precluded the court from granting summary judgment on the issue of notice. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: December 19, 2023, Case #: A-1-CA-39929, Categories: construction, insurance, contract
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Per curiam. The appeals court finds a lower court improperly ruled that an insurance company was financially obligated to cover costs of a bridge collapse. A construction company argued that the insurance company agreed to split the costs of damages with its professional- liability insurer. However, the insurance company sufficiently showed in court that the company's coverage excluded accidents in connection to "construction management" and "professional liability." Reversed.
Court: 8th Circuit, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-3301, Categories: construction, insurance, contract
J. Theis finds that the appeals court properly found that the insurer has a duty to defend its additional insured under a subcontractor's commercial general liability policy in a suit stemming from alleged construction defects in a townhome development. The insurer cannot bar coverage of all construction defects as "accidental," as that would make the policy's business risk exclusions meaningless. The allegations in the complaint are sufficient to establish an initial grant of coverage, leaving the court to fully determine whether the specific defects are afforded coverage under the policy. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: November 30, 2023, Case #: 129087, Categories: construction, insurance, Interference With contract
J. Lamberth finds for a bridgebuilding group on its contract claim against an insurer, which had denied coverage for expenses the group incurred replacing portions of a bridge's support system, which was defective. Although the bridge structures had to be redone due to the group's workmanship in the initial build, the insurer fails to show the damage at issue is not covered by the policy, or that an exclusion applies.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: September 29, 2023, Case #: 1:21cv1436, NOS: Insurance - Contract, Categories: construction, insurance, contract
J. Kendall grants the defendant insurance company's motion for summary judgment, and denies the plaintiff insurance company's cross-motion for summary judgment, over who has a duty to defend a construction company in an underlying contract suit. The court finds the defendant insurance company has no such duty to defend.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 25, 2023, Case #: 1:20cv992, NOS: Insurance - Contract, Categories: construction, insurance, contract
J. Kovner enters judgment in favor of Liberty Mutual on its breach of contract claims, finding a general contractor and its principals liable for $665,084 in unpaid expenses the insurer incurred litigating various claims filed against their surety bonds, which were issued in connection with state-governed construction projects.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 21, 2023, Case #: 1:21cv5130, NOS: Other Contract - Contract, Categories: construction, insurance, contract