by Kent Holland | May 31, 2022 | Newsletter Article
General contractor and its CGL carrier were sued by a subcontractor’s employee for injuries sustained when hit by truck driven by another subcontractor while working on site. The CGL moved for summary judgment on the basis that an exclusion in the policy barred...
by Kent Holland | Jul 27, 2021 | Newsletter Article
Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties sued each other over the payment dispute. The subcontractor then...
by Kent Holland | Aug 11, 2020 | Newsletter Article
Design-Builder’s services were terminated by the project owner. It then sued the owner for breach of contract. The owner counter-claimed — alleging breach of contract, breach of “implied duties of workmanlike performance and fitness for a particular purpose,”...
by Kent Holland | Apr 13, 2020 | Newsletter Article
While a declaratory judgment action was pending to decide whether a CGL insurance carrier owed a duty to defend and indemnify a contractor against claims by its client, a marina, for damages arising out of defective work, the contractor and marina entered into what is...
by Kent Holland | Feb 25, 2020 | Newsletter Article
An insurance company was held bound by its agent’s written representation-made in a certificate of insurance—that a particular corporation was an additional insured under a given insurance policy. The certificate turned out to be inconsistent with the policy that only...
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