Home The Firm Areas of Practice CONSTRUCTION DEFECT COVERAGE
CONSTRUCTION DEFECT COVERAGE PDF Print E-mail

The firm acts as coverage counsel to insurers regarding construction defects claims.  Our work covers the initial investigation, retention of experts and drafting of coverage position letters and/or coverage opinions regarding specific coverage issues presented in claims involving the construction of apartment complexes, single family homes, town homes, condominium projects and commercial buildings, and asserted against a variety of insureds, including general contractors, subcontractors, design professionals, suppliers, vendors, and manufacturers.  We provide up-to-date analysis of coverage issues relating to additional insured status, contractual liability, existence of an occurrence, trigger of coverage, pre-existing damages exclusion, business risk exclusions, and applicability of the pollution exclusion to mold-related claims.  The firm’s coverage attorneys are also trial attorneys, and vigorously represent insurers in actions for declaratory judgment, breach of contract and bad faith.
 

IN THE COURTROOM AND IN THE BOARDROOM

In a trial venued at LASC Santa Monica, P.K. Schrieffer LLP resolved a case on the eve of closing arguments at trial in a broker malpractice case arising from $3.5 million in claimed uncovered fine arts losses.  The case settled for less than 3% of claimed damages after cross-examination of plaintiff’s standard of care expert.
 

P.K. Schrieffer LLP successfully defended an insurance producer and broker in a professional negligence cause of action.  The limited liability partnership was compensated for the loss by the carrier but pursued professional negligence claims against the producer and broker based in part on delay in determining limits.  After one deposition, the limited partnership agreed to dismiss the case against the producer and broker for a waiver of costs.
 

P.K. Schrieffer LLP secured a unanimous defense verdict after a jury trial of whistleblower wrongful termination case.  Plaintiff claimed she reported Enron like accounting and tax fraud to her supervisor and was then terminated.  The jury deliberated for ½ a day prior to returning the verdict.  This case was featured in DRI - The Voice of the Defense Bar's December 2, 2009 issue of The Voice.