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

June 2010 - P.K. SCHRIEFFER LLP secures a defense verdict in San Diego County Superior Court in a broker fraud and professional liability jury trial.  After plaintiff's fire damage claim was denied by her insurer for non-payment of premium, plaintiff settled with the insurer and sued her insurance brokers for $900,000.  At trial, plaintiff sought recovery of her loss of investment in the burned out restaurant and lost profits.  Plaintiff claimed her signature was forged on an application, that the broker lied to the insurance company and that the broker caused the downfall of her family business.  The jury disagreed - finding in favor of the firm's clients on all counts.
 

In an action dismissed by Riverside Superior Court for failure to bring case to trial with 2 1/2 years, the firm successfully defeated plaintiff's second attempt to set aside the dismissal by arguing plaintiff failed to exercise due diligence in prosecuting his claim or seeking to set aside the dismissal.  After detailed investigation, the firm also proved to the court that plaintiff had made misleading statements in the declaration he provided in support of both motions. Before the dismissal, Plaintiff had refused offers of settlement in order prevent the execution of an unrelated judgment lien.
 

P.K. SCHRIEFFER LLP secured a dismissal for a waiver of costs on behalf of a commercial insurance company in breach of contract litigation filed in the San Francisco County Superior Court. Plaintiff insureds had sought recovery for commercial goods damaged in transit.  The litigation is continuing as to other defendants in the litigation.