Insurance Policies

Trigger of insurance coverage and allocation in North Carolina

Trigger of Coverage and Allocation in North Carolina

April 15, 2021
Alan M. Ruley Allison Buckner Parker
Insurance Recovery
Radiator Specialty Company v. Arrowood Indemnity Co., 850 S.E.2d 624, 2020 WL 7039144 (Dec. 1, 2020) (Unpublished) The North Carolina Supreme Court released a decision on December 1, 2020, in the case of Radiator Specialty Company v. Arrowood Indemnity Company that has implications for the trigger of coverage and allocation of liability among insurance policies in North Carolina. As such, the decision is important for businesses and counsel alike. A. Facts  
retaining wall

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.
building collapse

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.
CGL Insured

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:

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