Insurance Archives

WHEN RENEWING YOUR INSURANCE POLICY IS NOT RENEWING YOUR INSURANCE POLICY

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on Nov 17, 2015.

Although regular risk assessments and re-evaluations of insurance coverage are generally a good idea, it’s not uncommon for construction companies to take the approach of renewing their existing insurance policy when it comes up for renewal. Some policies – particularly specialty policies – have renewal clauses in them that sophisticated companies should be aware of when renewing their insurance though. A recent decision by the Third Circuit Court of Appeals in Philadelphia sheds some light on this issue.

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Is the end near for Kvaerner in Pennsylvania?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on Jul 15, 2015.

In one of the most impactful decisions of the last decade for both the insurance and construction industries, the Pennsylvania Supreme Court ruled in Kvaerner U.S., Inc. v. Commercial Union Insurance Co., that defective work was not an occurrence under a commercial general liability insurance policy when the underlying claims “triggering” coverage sound in contract. Courts in other jurisdictions, however, have been methodically swinging in the other direction. It may ultimately spell the end of the narrow reading the Kvaerner decision imposes on CGL policies in Pennsylvania.

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The Gist of the Action Doctrine Does Not Preclude Coverage for Defective Windows and Doors in Pennsylvania

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on Jan 8, 2014.

In a published opinion on December 3, 2013, the Pennsylvania Superior Court held that the gist of the action doctrine does not necessarily preclude coverage under a commercial general liability policy in Pennsylvania.

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Recent Third Circuit Opinion Attempts to Answer The Question of Whether Occurrence-Based CGL Policies Cover Claims of Faulty Workmanship–and In Doing So Raises Another Question

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on May 10, 2013.

The issue of whether occurrence-based CGL policies provide coverage for property damage sustained as a result of faulty workmanship by contractors has been treated unevenly throughout the country. However, a recent decision by the Third Circuit Court of Appeals applying Pennsylvania law provided greater clarity on how occurrence-based policies are to be interpreted in the context of construction projects. The decision also left the door open to creative attorneys who may try to recover on such policies from a different angle though.

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Recent Pennsylvania Supreme Court Case Expands Employer’s Worker’s Compensation Liability

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on Sep 6, 2012.

In a recent opinion, the Pennsylvania Supreme Court significantly broadened an employer’s responsibility as a “statutory employer” under the Worker’s Compensation Law. In Six L’s Packing Co. v WCAB, a produce company subcontracted the trucking of its harvested produce to its warehouses. Although the trucking subcontractor had agreed to provide worker’s compensation insurance to its employees, it failed to do so. One of the subcontractor’s drivers was injured in a motor vehicle accident while transporting the employer’s produce. The driver filed a worker’s compensation claim against the produce company alleging that it was his “statutory employer” under the worker’s compensation law.

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Insurer Does Not Have A Duty To Defend Contractor Against Faulty Workmanship Claims

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on Jun 21, 2012.

Does a contractor’s insurance company have a duty to defend the contractor in a lawsuit for faulty workmanship where the contractor has evidence that it did not cause the property damage? A Pennsylvania Court recently held that an insurer had no duty to defend under these facts.

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