December 11, 2014

$13 Million Recovered From Direct and Additional-Insured Carriers for a Major Homebuilder in Reimbursement of Costs Incurred to Defend and Settle a High-Exposure Construction Defect Lawsuit

Recovered more than $13 Million from a group of direct and additional-insured carriers for a major homebuilder in reimbursement of costs incurred to defend and settle a high-exposure construction defect lawsuit and, in the process, made new law regarding what constitutes “property damage” caused by an “occurrence” under a CGL policy, limiting the “fair debatability” doctrine as a bad faith defense, and confirming the admissibility of an insurer’s handling of other claims as evidence of its bad faith.