38 results for 'cat:"Construction" AND cat:"Insurance"'.
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: construction, insurance, Indemnification
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
Per curiam, the appellate division finds that the trial court properly granted indemnification to the construction manager on a project to fix school sidewalks in negligence claims brought after a teacher fell due to the drop-off between the sidewalk and grass. The construction manager only had general supervisory powers over the contractors, and the subcontractor "left the area in a more dangerous condition than when the project started." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: CA 23-00598, Categories: construction, insurance, Negligence
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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
Per curiam, the circuit finds the district court improperly granted the workers' compensation provider's motion for summary judgment in a case where a worker was killed during the building of a hydrocarbon processing facility. The liability provider funded the settlement on behalf of the builder, while the workers' comp provider partially funded it on behalf of the subcontractor. The liability provider has sufficiently alleged the worker was an employee of the subcontractor while simultaneously working for the builder, which satisfies the insurance program's voluntary compensation and employers’ liability endorsement. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-20026, Categories: construction, insurance, Wrongful Death
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
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. Sacks finds that the lower court improperly denied the insurance company dismissal of claims brought by a construction company that accused the insurance company of failing to reimburse it for costs involved in correcting faulty work completed by a subcontractor. The construction company's claims fail to satisfy the due process standards for personal jurisdiction. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: September 14, 2023, Case #: 22-P-734, Categories: construction, insurance, Jurisdiction
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
J. Tunheim grants the insured's motion for partial summary judgment in an insurance coverage dispute regarding damage to concrete press pads in its subsidiary's printing facility. Earth movement caused in part by faulty workmanship or settling is covered by earth movement coverage extensions in the insurance policies at issue, which are ambiguous by way of unclear intent to create an anti-concurrent causation clause.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 18, 2023, Case #: 0:22cv1151, NOS: Insurance - Contract, Categories: construction, insurance