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Summaries of Construction Defect Cases — on cdcoverage.com

Latest News
Florida Duty to Defend a Chapter 558 Right to Repair Notice  |  
South Carolina “your work” exclusion, “get to” costs  |  
New Jersey/New York “occurrence”  |  
Florida “property damage” caused by an “occurrence” and “your work” exclusion  |  
Florida Self-Insured Retention Satisfaction and Made Whole Doctrine  |  

Author: Scott Patterson

Colorado “occurrence”

November 30, 2011 Scott Patterson

In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., No. 09-1412 (10th Cir. November 1, 2011), general contractors Greystone and Branan were each sued by purchases of homes built by each alleging defective ....

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Colorado, Occurrence

Texas “your work” exclusion

November 28, 2011 Scott Patterson

In American Home Assurance Co. v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011), claimant Ergon hired insured Cat Tech to perform service on a reactor at Ergon’s refinery.  During a start-up of ....

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l. Your completed work, Texas

Mississippi “occurrence”

November 28, 2011 Scott Patterson

In National Builders & Contractors Insurance Co. v. Slocum Construction, L.L.C, 428 Fed. Appx. 430 (5th Cir. 2011)(unpublished), Anderson hired insured general contractor Slocum to build a house on land that Anderson had staked out.   ....

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Mississippi, Occurrence

South Carolina “occurrence” and allocation

August 23, 2011 Scott Patterson

In Crossman Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Co., No. 26909 (S.C. Aug. 22, 2011), insured Crossman was the developer and general contractor of several condominium projects constructed by Crossman’s subcontractors over ....

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"Property damage", allocation, Occurrence, South Carolina

Washington defense costs reimbursement

August 8, 2011 Scott Patterson

Absent policy language allowing it, an insurer which obtains a judicial declaration of no duty to defend the insured in underlying litigation is not entitled to reimbursement of defense costs from insured.  National Surety Corp. ....

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Defense costs reimbursement, Washington

Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

August 2, 2011 Scott Patterson

In Dragas Management Corp. v. Hanover Insurance Co., No. 2:10cv547 (E.D. Va. July 21, 2011), claimant residential home general contractor and developer DMC filed for arbitration against insured drywall supply and install subcontractor Porter-Blaine seeking ....

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Damages because of PD, Number of "occurrences", Occurrence, Virginia

Colorado statutory “property damage” caused by an “occurrence”

August 1, 2011 Scott Patterson

Colorado General Assembly House Bill 10-1394 was signed into law by the Governor on May 21, 2010, codified at Colo. Rev. Stat. § 13-20-808 (2010) 13-20-808. Insurance policies issued to construction professionals (1) (a) The general ....

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"Property damage", Colorado, Damages because of PD, Duty to defend, Insuring Agreement, Occurrence

Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”

August 1, 2011 Scott Patterson

In Continental Western Ins. Co. v. Shay Construction, Inc., No. 10-cv-02126 (D. Col. July 28. 2011), general contractor Milender White subcontracted with insured Shay for framing work.   Shay in turn subcontracted some of its work ....

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"Property damage", Colorado, Damages because of PD, j.(5), j.(6), Occurrence

Florida “get to” costs do not constitute damages because of “property damage”

July 26, 2011 Scott Patterson

In Palm Beach Grading, Inc. v. Nautilus Ins. Co., No. 10-12821 (11th Cir. July 14, 2011), claimant general contractor Palm Beach Grading (“PBG”) subcontracted with insured A-1 for construction of a sewer line for the ....

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"Get to" costs, "Property damage", Damages because of PD, Florida

Florida trigger

July 26, 2011 Scott Patterson

In Mid-Continent Casualty Co. v. Siena Home Corp., No. 5:08-CV-385-Oc-10GJK (M.D. Fla. July 8, 2011), insured residential real estate developer Siena was sued by homeowners seeking damages for moisture penetration property damage resulting from exterior ....

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Florida, Trigger

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