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Tag Archives: Allocation
Liability Insurance: The Risks of Denying a Duty to Defend
By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between. Regardless, insurers should always factor in the potential risks … Continue reading
CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
By Greg Johnson. Which CGL policy (or policies) will apply in a property damage claim involving continuing, progressive or recurring damages? Whether the underlying claim is one of environmental liability, asbestos, construction defect or products liability, claims involving damages which extend … Continue reading
(Part III) Minnesota CGL: Getting a Handle on Large Construction Defect Claims
This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post (Part III) addresses the “strict construction” test used to interpret indemnification agreements. Part IV will address the specific requirements of “insured … Continue reading
(Part II) Minnesota CGL: Getting a Handle on Large Construction Defect Claims
This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post, as well as the next three, will focus on the subcontractor’s liability to a general contractor pursuant to an indemnity … Continue reading
Posted in CGL, Coverage
Tagged Additional Insured Coverage, Allocation, CGL Coverage, Commercial Liability Coverage, Construction Defect, Contractual Risk Transfer, Gregory J. Johnson, Holmes v. Watson Forsberg, Indemnity Clauses, Insurance Law, Insured Contract, Strict Construction, Wooddale
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Minnesota Adopts “Equitable Contribution” to Apportion Defense Fees
Last week, the Minnesota Supreme Court overruled, finally, the archaic “Iowa National” rule. Iowa National prohibited a defending liability insurer from seeking contribution or reimbursement of attorney’s fees and costs from other liability insurers who refused to defend. In Iowa National Mutual Insurance Co. v. Universal … Continue reading
Pro-Rata Time on the Risk: An Insured’s Contribution Obligation
Wooddale Builders, Inc. v. Maryland Cas. Co., 722 N.W.2d 283 (Minn. 2006) is the leading construction defect case in Minnesota. The case involved several insurers (I represented West Bend) and over eighty separate water intrusion claims. In that case, the court recognized, … Continue reading
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