Recent Posts
Follow Us
twittergoogle_pluslinkedinrssyoutube
The Legal Stuff
BT Policyholder Protection Blog
0 0

15 Oct 2018 Ohio Supreme Court Does Not Reconsider Prior Precedent Finds inadvertent defective work by subcontractor can never be a fortuitous occurrence.

The Ohio Supreme Court ruled on Oct. 9, 2018, that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the Commercial General Liability (CGL) insurance policy, and is therefore not covered. Ohio Northern University v. Charles Construction Services Inc., Case No. 2017-0514 (2018). In reaching this conclusion, Ohio’s highest court followed its own precedent instead of applying the reasoning used by the vast majority of courts that have reached the opposite conclusion in recent years. Ohio Northern University (ONU) hired Charles Construction Services to oversee construction of an $8 million University Inn and Conference Center. Charles Construction obtained a general liability policy from Cincinnati Insurance Company. After the project was completed, the University discovered extensive water infiltration and…

READ MORE
0 0

16 Jul 2014 Insurance and indemnity issues arising out of AIA form agreements and contracts.

  On July 14, 2014, Charlie Edwards gave a presentation on indemnity and insurance issues for architects to the Indianapolis Chapter of the American Institute of Architects (AIA).  The presentation covered indemnity and insurance issues arising out of the standard AIA form agreements. It also covered insurance issues related to construction projects, such as additional insured status and forms, insurance implications of “flow-down” provisions in construction contracts and waivers of subrogation.   If you missed the presentation and would like to obtain copies of the materials, or have any questions on these topics, email Charlie Edwards.   Charles EdwardsCharles P. Edwards is co-chair of the firm’s Policyholder Insurance Recovery and Counseling Practice Group, which exclusively represents policyholders in insurance claims and litigation. Mr. Edwards has worked with a…

READ MORE
0 0

20 May 2014 Christopher Yetka and Clifford Shapiro Present “Risk Management and Insurance Issues in Construction”

  At the firm-sponsored “Construction Insurance and Government Contracting: What You Need to Know” seminar, Christopher Yetka of the Minneapolis office and Clifford Shapiro of the Chicago office presented, “Risk Management and Insurance Issues in Construction.”   Christopher and Clifford presented on how to make sense of complicated insurance policies related to construction projects, and identified potential risks and effective ways to work around the issues surrounding indemnity agreements and insurance requirements in construction contracts, including indemnity and coverage for additional insureds. They also addressed:   Whether or to what extent insurance coverage may exist for a construction defect claim under the Commercial General Liability (CGL) insurance policy and whether a claim alleging construction defects qualifies as an accidental “occurrence” under the CGL policy Effective use of…

READ MORE
0 0

12 May 2014 Clifford Shapiro presents “The Next Wave of ‘Occurrence’ Disputes”

On May 7, Clifford Shapiro spoke before more than one hundred attendees at the second annual meeting of the American College of Coverage and Extracontractual Counsel (ACCEC) held in Chicago.  Tom Mielenhausen is also a member of the ACCEC, and he also attended the conference. Clifford’s topic was insurance coverage for construction defect claims.  Among other things, he presented an update on the 50 state survey of the “occurrence” issue, and a summary of recent state statues that have been enacted to attempt to resolve this thorny issue.  The ACCEC’s brochure summarized the presentation: This presentation will discuss the history and analysis of the “occurrence” issue in the construction defect claim context. This issue has divided the courts across the country. The presentation will also include…

READ MORE