Legal Question in Insurance Law in New York
Is there a law in New York State that says....
Is there a law in New York State that says that insurance companies have to cover a builders work being sloppy and substandard? . I am getting two different stories.
Story One: The Lender says that their contract with the builder does not cover if the builder's work is sloppy and bad even though to us when we read the contract it appears the contract does cover bad work.
Story Two: We have a builder of 20 years that said an insurance agent reluctantly admitted to him all insurance companies are required by law in New York state to have a policy that covers the builder's work.
Products - Completed Operations Hazard is a section that seems like it covers a builder�s work and Insurance paying out for problems with it.
So my question is there a law that requires Insurance Companies to cover a builders work?
Also, What does the Products � Completed Operations Hazard cover for a builders project?
Thanks
In Christ
Guy Te
1 Answer from Attorneys
Re: Is there a law in New York State that says....
The insurance contract that "covers all work" does not respond to claims of shoddy workmanship. It responds to claims that the work, shoddy or not, caused property damage to property other than the work being constructed, bodily injury, or death.
The contractor is responsible for the bad work. Sue him, and watchi him file bankruptcy and then continue operating with the same employees, same equipment, same clients (except you). You will then have to file suit against the bankruptcy trustee, because there's not a trustee in the system who will proceed against a debtor who steals the company, until and unless you sue the trustee.
The minimum war chest for suing a contractor is $65,000. That's a bare minimum. And unless you have a written contract that calls for payment of attorneys' fees, you will not recover attorneys fees.
Products-Completed Operations responds when the loss occurs after the work is completed.
If you had an architect supervising the project, sue the architect for malpractice and let the malpractice insurance company chase the contractor. They have such a volume business, they can do it for about half the cost of a one-off lawsuit.
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