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Construction Defect Coverage

Full Circle Regression: the New ISO "Your Work" Endorsements

2002-01-01 | Patrick J Wielinski

In December, ISO issued two new endorsements for contractors' CGL policies eliminating coverage for property damage arising out of their subcontractors' defective work. Pat Wielinski examines the history and explains the problem.

Design and Professional Liability

Architects and "Design and Construct" Liability under the Americans with Disabilities Act

2001-12-08 | Kenneth A Slavens

Another federal court of appeals has weighed in on the applicability of the ADA to design professions. Ken Slavens explains how the ADA liability exposure of a building designer depends on where the project is located, until a higher court rules on the issue.

Design and Professional Liability

Problems with Arbitration in Design-Build

2001-11-17 | Kent Holland

In this article, Kent Holland explains that when arbitration is the main means of dispute resolution under a design-build contract, why it is so important for all parties to a design be subject to a single arbitration action.

Design and Professional Liability

You Just Stood There? The Design Professional's Responsibility for Job Site Injuries

2001-09-22 | Kenneth A Slavens

What should the design professional do after witnessing unsafe job site practices by the contractor? Ken Slavens explains how different jurisdictions answer that question and what can be done to both prevent injury and protect liability.

Construction Defect Coverage

Glorifying Form over Substance: "Legally Obligated" in the CGL Insuring Agreement

2001-08-01 | Patrick J Wielinski

Insurers may deny claims where a contractor, absent the filing of a lawsuit, repairs property damage caused by an obvious accident. Pat Wielinski discusses the scenarios, issues, case law, and provides practical pointers for avoiding this situation.

Design and Professional Liability

Design-Build Engineer Held Liable for Negligence

2001-07-21 | Kent Holland

A complex court decision holds that a developer is entitled to recover its losses from the design-builder who employed the engineer and constructed the failed projects. J. Kent Holland Jr. explains its significance.

Liability Insurance

Insurance Coverage Disputes and Society's Problems

2001-05-01 | Jill B Berkeley

Unfortunately, insurance coverage disputes mirror casualty and liability losses throughout the world. This article examines recent litigation involving insurance coverage disputes and violent crimes and sexual assaults.

Construction Defect Coverage

Back to the Exclusions—The "Subcontractor" Exception

2001-05-01 | Patrick J Wielinski

Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.

Design and Professional Liability

Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine

2001-03-01 | Kenneth A Slavens

The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.

Liability Insurance

Coordinating Persons Insured in Primary and Excess Liability Policies

2001-02-01 | Richard Rudolph

Too often, little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Richard Rudolph teaches the three important points to review when coordinating coverage: the named insureds, the additional insureds, and insured-versus-insured provisions.

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