During a storm, a tree landed on a homeowners house causing damage to the home’s foundation. Homeowners filed a claim on their homeowners insurance policy to recover the resulting damages. After homeowners and insurance company could not come to an …
Insurance Coverage
Different Types of Insurance Policies in Construction
Attorney David Cook wrote an article concerning insurance policies commonly obtained by construction companies or required by construction contracts. Read the article here.…
Savannah homeowners win sizable judgment in mold case against HVAC contractor
Two Savannah homeowners filed a complaint against a local air conditioning contractor and its insurer, asserting claims of professional negligence and fraud. The couple alleged that in March 2009, the contractor replaced the duct system of their home’s air conditioning …
Georgia Amends Anti-Indemnity Statute
In its most recent session, the Georgia General Assembly passed HB 943, which amends Georgia’s Anti-Indemnity Statute. The amendment expands the Anti-Indemnity Statute beyond construction contracts to include contracts for engineering, architectural, and land surveying services (“A/E Contracts”).
In a …
Additional Insured Denied Recovery Under Commercial General Liability Policy For Costs Sustained Repairing Defective Construction and Resulting Property Damage
In Auto Owners Insurance Co. v. Gay Construction Co.,[1] a general contractor brought a claim as an additional insured under a sub-subcontractor’s commercial general liability (“CGL”) policy seeking to recover costs it sustained repairing the sub-subcontractor’s defective work …
Insurance Coverage for Damages Arising from Defective Construction
The Atlanta Bar Litigation Section recently published an article written by Autry Cole attorney David Cook regarding insurance coverage for damages arising from defective construction. A link to the article is provided below.
Insurance Coverage for Damages Arising from Defective …
Georgia Court of Appeals Examines CGL Coverage Exclusions
In several prior posts, we have discussed the availability of CGL insurance to cover certain property damages arising from defective construction. A recent Georgia case examines several arguments of a CGL insurer’s attempt to avoid such coverage. …
Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction
By answering a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court of Georgia resolved a long-standing dispute regarding CGL insurance coverage for damages arising from an insured contractor’s defective construction. The issue was fairly narrow because …
Failure to Procure Contractually Required Insurance Can Be Disastrous
In a prior post, we discussed a Georgia Supreme Court opinion interpreting Atlanta’s OCIP policy. The case at issue was remanded to the Georgia Court of Appeals, which has recently issued its opinion on remand.
The case contains …
Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship
A recent Georgia case illustrates that many in the construction industry still believe that CGL insurance policies exclude coverage for defective construction – a belief that resulted in loss of coverage for one contractor. The court affirmed that, “while construction …