It’s hard to believe that it’s been over four years since Superstorm Sandy hit New Jersey. Back then, figuring that discretion was the better part of valor, I gathered up my family and drove out to Pennsylvania to wait out the storm. (I still take abuse for that tactic from one of my neighbors, who
Builder's risk
Additional Insured Coverage
Years ago, there was a Bell Labs facility behind my house, and on Sunday afternoons, the engineers (mostly Indian and Pakistani) would get together and play cricket on the large lawn. I watched the matches quite a bit, but I never could get a grip on the rules. Then a British friend told me that…
Construction Defects and the “Your Work” Exclusion
By Gene Killian on
My old law partner Carl Salisbury is on the warpath against carriers’ efforts to escape construction defect coverage. He has some interesting things to say about a recent pro-carrier South Carolina decision. You can read Carl’s excellent blog post by clicking here. (I promise not to call them “business risk” exclusions any more,
“Your Work” and the “Products-Completed Operations” Hazard
By Gene Killian on
Here’s some advice I would give to anyone contemplating becoming a general contractor: Don’t. The liability insurance coverage picture is too muddy, and coverage for completed operations is too uncertain. My secondary, and perhaps more realistic, advice: Review your subcontractors’ general liability coverage and make sure there’s adequate protection if you need to bring suit…
Additional Insureds and Certificates of Insurance
By Gene Killian on
A few months back, I got a call from the general counsel of a construction company. His employer was the general contractor in a construction defect case, and he needed some advice with respect to the applicable “additional insured” coverage. “Now, you do know about this stuff, right?” he asked. “I don’t want to have…
Insurance Coverage and Allocation Issues Conference
By Gene Killian on
On May 20, 2014, I’ll be speaking at Perrin’s Emerging Insurance Coverage & Allocation Issues Conference at The Rittenhouse Hotel in Philadelphia, PA. My panel (shared with the inimitable Gary Kull of Carroll, McNulty & Kull, representing the insurance industry view of things), will focus on “Best Practices for Additional Insureds.” If you can …
Completed operations coverage for construction defects
By Gene Killian on
When I was in grammar school, the class wise guy was a kid named Nicky DeLuca. One day, we were in gym class, and the coach was trying to teach us the importance of fundamentals in basketball.
“You have to have a strong foundation,” the coach said. “It’s like building a house. You have to…
Indemnification agreements and builder’s risk
By Gene Killian on
Posted in Builder's risk, Construction defects
I’ve been working on reviewing a general contracting agreement for a rebuild following Sandy, and the attendant insurance requirements. I just came across a very useful 50-state survey on the enforceability and construction of indemnification agreements, which you can access by clicking here. If you’re involved with this area of the law, I think you’ll find it