There’s a famous (apocryphal?) story about Cato the Elder, one of the leaders of ancient Rome. Cato was obsessed with destroying Carthage (now Tunis), the Roman Empire’s rival. He would end every speech (and apparently most conversations) with “Carthago delenda est” – Carthage must be destroyed. The story goes that when Demosthenes (a prominent Greek
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More developments in insurance coverage for construction defects
Back in the days of the environmental insurance coverage wars, we on the policyholder side argued (eventually successfully in New Jersey) that the word “sudden”, as used in the 1973 version of the pollution exclusion, meant “unexpected” and did not have a temporal connotation. My friends in the defense bar often criticized us for trying…
Insurance coverage for construction defects
The ongoing battles over construction defect coverage remind me of the good old days in the ‘80’s and ‘90s when we used to fight over asbestos and environmental coverage claims (we still have some of those claims, but to a much lesser extent). Construction defects even involve battles over the appropriate trigger of coverage! Ah…
Determining the number of “occurrences”
There’s an old story about famous Greek orators. When Demosthenes would speak, the people would say, “My, what a pretty speech!” But when Cato would speak, the people would say, “On to Carthage.” That’s because Cato was a one-issue guy (“Carthage must be destroyed”), and was excellent at convincing his listeners of the need for…
The Explosive “Your Work” Exclusion
A lot has been written lately – both by judges and observers – about the so-called “business risk” exclusions and their applicability to construction defect claims. (We’ve previously discussed them here, for example.) Some judges have ruled that faulty workmanship can never constitute a covered “occurrence” under a general liability policy. Lately, though, more…
What is an “occurrence”?
When I started in this business at Anderson Kill back in the 1980s (when the firm was still Anderson Russell Kill & Olick, P.C.), junior lawyers (including me) would do anything, and I mean anything, to keep from sliding into the abyss known as the Insurance Coverage Group. Who wanted to while away his or…
The timing of an “occurrence” and the duty to defend
Every once in awhile, we come across a case that calls to mind the formal legal term: “Eeeeww.” Here’s one that’s now before the New Jersey Supremes, and that (if you can get past the ghoulishness) involves two important questions:
(1) When does an “occurrence” take place under a liability policy?
(2) Can a court…