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Vol. 5, Iss. 6
May 31, 2016
 
 

Arkansas Supreme Court: Even Consequential Damages Do Not Make Faulty Workmanship An “Occurrence”
Columbia Insurance Group v. Cenark Project Management Services, No. 15-804 (Ark. Apr. 28, 2016): “The first certified question of law presented to us asks whether All’s defective workmanship resulting in property damage to the work or work product of a third party constitutes an ‘occurrence.’ In deliberating this issue, we have come to the conclusion that the certified question rests on the premise that the underlying claim asserted by the Home Owners involves defective workmanship on the part of All. It does not. Their claim is one for breach of contract. As a consequence, the basic coverage issue is controlled by our decision in Unigard Sec. Ins. Co. v. Murphy Oil USA, Inc., 331 Ark. 211, 962 S.W.2d 735 (1998).”

Colorado Supreme Court: No Prejudice Needed For Voluntary Payment Disclaimer
Travelers Property Casualty Company v. Stresscon, No. 13SC815 (Colo. Apr. 25, 2016): “[W]e decline to extend the notice-prejudice rule we applied to the notice provision of an occurrence-based liability policy in Friedland v. Travelers Indemnity Co., 105 P.3d 639 (Colo. 2005), to the no-voluntary-payments clause at issue in this case.”


 
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