Generic Reservation of Rights Letters Are Inadequate Notice of Coverage Issues

A common practice in reservation of rights letters has been heavily criticized by the South Carolina Supreme Court. In fact, the court rejected a generic reservation of rights letter. It stated: “It is axiomatic that an insured must be provided suf… Read More
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An Expensive Lesson About Notice of a Professional A/E Malpractice Claim

The University of Pittsburgh has come out on the losing end of coverage battles with two different malpractice carriers for the architecture firm, The Ballinger Co., hired by Pitt to design a renovation project to Pitt’s Salk Hall (named for Jonas… Read More
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Company Was Additional Insured Under GL Policy Even by General Designation and Not Specific Name

A second-tier subcontract required the sub-sub to provide insurance naming, as additional insured parties, both the first-tier sub, and also “the Project owner and construction manager.” When the sub-sub’s employee was injured and sued… Read More
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When Choice of Law Made a Difference

Choice of law clauses are not usually the subject of intense negotiation, in part as there is substantial consistency among the laws of the various states. But not always, as parties on a New Jersey project learned. A difference in the New Jersey and… Read More
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Dispelling Myths about Insurance Coverage of Defective Construction

Lawsuits over defective construction often result in one or more parties attempting to invoke insurance coverage, at least to cover defense costs if not to cover the underlying claims. Some fifty years after courts began parsing the extent of insuran… Read More
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Novel Damage Theory, for Loss of Use Claim, Fails

A developer marketed condominiums for sale. Several units were damaged by a burst water pipe, but the repaired units were eventually sold for the original price. (Insurance covered the cost of repair.) The developer then sued some of the parties invo… Read More
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Damage from Defective Construction Was an “Occurrence” Leading to Insurance Coverage

The Iowa Supreme Court has weighed in on the issue of whether damage arising from defective construction work can be an “occurrence” triggering insurance coverage. It appears that the damages awarded after a jury trial included both remedial work… Read More
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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

A New Hampshire court has issued a thoughtful decision on the duty to defend arising from an indemnity obligation in a design contract. The court distinguished between the duty to defend often invoked for insurance coverage, from a duty to defend exp… Read More
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Tower crane is neither “temporary works” nor “incidental” to construction; damage excluded from builder’s risk coverage

Many readers will remember seeing photos and videos of a dangling tower crane boom, high above the Manhattan skyline, resulting from Hurricane Sandy. A divided (3-2) New York appellate court has ruled against the One57 building owner and construction… Read More
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Can Faulty Workmanship Give Rise to a Covered Insurance Claim? Illinois Court Says Yes

The court states the issue in its first sentence: “This case presents a straightforward, but unsettled, question of Illinois law: Is there an ‘occurrence’ under standard-form comprehensive general liability (“CGL”) policies… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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