Category: Coverage

William Lindsay Resolves Construction Defect Claims for Favorable Value

Aug 20, 2015 Construction Defect
Bill Lindsay: We successfully resolved several related construction defect claims for a steeply discounted value on behalf of a CGL insurer where contractors sought coverage for claims of faulty synthetic stucco, resulting in damage to several hotel buildings developed by a national chain. Extended Stay America v. Quaker Windows v. Schmitz & […]

Insured’s Breach Of Notice Condition Negated Coverage

Dec 20, 2014 Coverage
Chris Pickett: The trial court entered summary judgment after finding that the insured’s timely notice of a counterclaim did not excuse the prior 13-month delayed notice of the complaint, thus negating any potential coverage for either claim.

Judgment On The Pleadings – “Physical Distress” Is Not “Bodily Injury”

Dec 11, 2014 Coverage
Attorney Chris Pickett won judgment on the pleadings for his client Acuity, with the court declaring that Acuity did not owe a duty to defend or indemnify its named insureds against an underlying case for negligent infliction of emotional distress. In this insurance coverage dispute, Acuity issued a commercial general […]

$465,000 Summary Judgment Entered In Subrogation Action

Jul 20, 2014 Coverage
Chris Pickett: After a trucking liability insurer denied coverage for an accident involving our client’s insured, our client honored the insured’s uninsured motorist (“UM”) claim. The UM arbitration resulted in a $500,000 award, which our client later settled for less than the award. In the ensuing subrogation action, we obtained […]