Category «Construction Defects»

It’s All About Trigger: Eleventh Circuit Re-Examines Insurance Coverage For Defective Work Under J.S.U.B. & Pozzi Window

The Eleventh Circuit recently issued a lengthy opinion in Amerisure Mut. Ins. Co. v. Auchter Co., No. 10-10960 (11th Cir. Mar. 15, 2012) (“Auchter”), in which it dove back into insurance coverage issues involving construction defects. Unlike the Florida Supreme Court decisions in United States Fire Ins. Co. v. J.S.U.B., Inc., 979 So. 2d 871 (Fla. 2007) (“J.S.U.B.”), …

Chinese Drywall Insurance Coverage Update: A Tale of Two Pollution Exclusions

On March 2, Auto-Owners Insurance Company dropped its Eleventh Circuit appeal of a Middle District of Florida decision granting summary judgment to its policyholder on defense and indemnity coverage for Chinese drywall liabilities.  The district court’s opinion, authored by Judge Susan Bucklew in Tampa, denied Auto-Owners’ summary judgment motion seeking to avoid coverage obligations based on the pollution …

Beware Oceanside 932: Failure to Produce Insurance Policies Puts Defendant in Default

This is for the insurance defense lawyers out there, and the plaintiffs’ lawyers who love to make their lives miserable. One of my loyal readers in Jacksonville (my friend and former partner at Gunster, construction law guru Ed Whelan) sent me a copy of this January 5, 2012 order in a construction defect case in …