In Lenick Construction, Inc. v. Selective Way Ins. Co., the United States Court of Appeals for the Third Circuit examined a demand for defense and indemnification submitted by a subcontractor to its commercial general liability insurer. The claim arose from a lawsuit by a condominium association against a general contractor, alleging that the condominium units… Read More

In Bob Meyer Communities Inc. v. Ohio Casualty Ins. Co., the New Jersey Superior Court, Appellate Division, considered a general contractor’s claims against its liability insurers for the reimbursement of amounts paid in the settlement of construction defect claims brought by homeowners. The homeowners specifically alleged that after they had owned their homes for a… Read More

Nationwide Mutual Insurance Company recently filed a declaratory judgment action in the United States District Court for the Western District of North Carolina to obtain a ruling that its commercial general liability policy does not cover the insured builder for faulty workmanship. In Nationwide Mutual Insurance Company v. Hyde, Nationwide requests a declaratory judgment that… Read More

​The Superior Court, Law Division, of Hudson County, New Jersey has held that a claimant is not entitled to seek coverage under a liability insurance policy pursuant to a “continuous trigger” theory for damage that occurred prior to the policy period. Cypress Point Condominium Ass’n v. Selective Way Ins. Co. concerns a lawsuit filed against… Read More

The Judicial Panel on Multidistrict Litigation has ordered that pre-trial proceedings in twelve putative class actions alleging defects in composite outdoor decking materials be coordinated or consolidated in the United States District Court for the District of New Jersey. The suits contend that decking materials sold by GAF Materials Corp. tend to warp, crack, and… Read More