COVID-19 COVERAGE UPDATE - COURT OF APPEALS REVERSES NORTHSTATE DELI August 25, 2022 Alan M. Ruley Insurance Recovery The Covid-19 pandemic resulted in a great deal of litigation regarding coverage for business income losses under commercial insurance policies. In nearly all cases, the insured lost, with courts holding that business income losses due to the Covid-19 pandemic were not covered. One notable exception was the case of Northstate Deli, LLC, et al. v. The Cincinnati Insurance Company, et al., from North Carolina.
Trigger of Coverage and Allocation in North Carolina January 3, 2022 Alan M. Ruley Allison Buckner Parker Insurance Recovery TRIGGER OF COVERAGE AND ALLOCATION IN NORTH CAROLINA: Radiator Specialty Company v. Arrowood Indemnity Co., 850 S.E.2d 624, 2020 WL 7039144 (Dec. 1, 2020) (Unpublished) The North Carolina Court of Appeals released a decision on December 1, 2020 in the case of Radiator Specialty Company v. Arrowood Indemnity Company that made a new law on trigger of coverage and allocation of liability among insurance policies in North Carolina. As such, the decision is important for businesses and counsel alike.
Duty To Defend In North Carolina — Craige v. Geico March 17, 2021 Alan M. Ruley Allison Buckner Parker Insurance Recovery Judge Thomas Schroeder of the U.S. District Court for the Middle District of North Carolina recently wrote an opinion in Craige v.
Construction Defect Litigation -- Is Faulty Workmanship Covered by Your CGL Policy? July 20, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery Construction and Design Law I. Scenario Suppose that you are a general contractor. You have a standard form Commercial General Liability (“CGL”) insurance policy.[1] You are hired to construct a home, or a commercial building. You hire subcontractors for some of the work, such as excavation of the building site and stabilization of cut slopes above the site.
Owners and Contractors: Does Your Insurance Policy Cover Defective Workmanship? June 29, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery Construction and Design Law The Problem – Coverage for Faulty Workmanship. A frequent question that we face is whether a property owner or contractor’s insurance policy provides coverage for the cost of repairing faulty work done by a subcontractor. The specific terms of the policy are critical here. If the policy contains a defective workmanship exclusion, it may not provide coverage. A Recent Decision – Exclusions Have Exceptions.
Have You Received a Reservation of Rights Letter? May 5, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery A. What is a Reservation of Rights Letter?
Insurance Coverage for Coronavirus Losses April 3, 2020 Alan M. Ruley Allison Buckner Parker COVID-19 Legal Insights Insurance Recovery Introduction
Important Conditions in Your CGL Policy January 28, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery The “Conditions” section is the fourth of five sections in the standard form CGL (Commercial General Liability) policy. It contains several items that are of critical importance, beginning with your duties in the event of an occurrence, offense, claim or suit.
Who Is an Insured in a CGL Policy? January 23, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery Recall that a standard CGL (Commercial General Liability) form policy has five sections: (1) Coverages and Exclusions; (2) Who is an Insured; (3) Limits of Insurance; (4) Conditions; and (5) Definitions. Our last post discussed the Coverages and Exclusions section; this post explores the “Who is an Insured” section. To determine who is an “insured” under a CGL policy, first look at the Declarations page. That page will list the named insured, which will be one of the following:
CGL Policy Coverages and Exclusions January 7, 2020 Alan M. Ruley Allison Buckner Parker Insurance Recovery In an earlier post we listed the five sections that a CGL (Commercial General Liability) policy form contains: (1) coverages and exclusions; (2) who is an insured; (3) limits of insurance; (4) conditions; and (5) definitions. This post takes a deeper dive into the first section, coverages and exclusions.
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