Commercial General Liability Dispatch

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Faulty Workmanship

Pennsylvania Superior Court Holds Flood Constitutes An “Occurrence”

In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim… Continue Reading →

Ohio Supreme Court Holds Insured’s Subcontractor’s Faulty Workmanship Is Not an “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., 2018 WL 4926159, — N.E.3d —- (Ohio 2018), the Ohio Supreme Court held that claims against an insured for alleged construction defects do not constitute an “occurrence” even if they arise… Continue Reading →

Pennsylvania Superior Court Holds Insurer Owes Coverage For Negligent Work Outside The Scope Of Contract In Unpublished Opinion

This month, we have reviewed a few 2018 cases in which courts held claims arising out of faulty workmanship did not involve an “occurrence” and were not covered by liability insurance policies under Pennsylvania law. Westfield Ins. Co. v. Icon Legacy… Continue Reading →

Middle District of Pennsylvania Holds No Coverage for Claims for Faulty Workmanship

Last week, we reviewed Lenick Constr., Inc. v. Selective Way Ins. Co., 2018 WL 2727394, — Fed. Appx. —- (3d. Cir. 2018), a Third Circuit case addressing the scope of coverage for claims arising from faulty workmanship under Pennsylvania law… Continue Reading →

Third Circuit Holds No Coverage For Faulty Workmanship Under Pennsylvania Law

In Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Ins. Co., 900 A.2d 888 (Pa. 2006), the Pennsylvania Supreme Court held that “the definition of ‘accident’ required to establish an ‘occurrence’… cannot be satisfied by claims based upon… Continue Reading →

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