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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  |  

Category: Exclusions

South Carolina “your work” exclusion, “get to” costs

July 25, 2014 Scott Patterson

In Precision Walls, Inc. v. Liberty Mutual Fire Insurance Co., No. 2013-000787 (S.C. Ct. App. July 23, 2014), SYS was the general contractor for a project.  SYS contracted with Precision for the supply and installation of exterior ....

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"Get to" costs, l. Your completed work, South Carolina

Florida “property damage” caused by an “occurrence” and “your work” exclusion

July 18, 2014 Scott Patterson

In J.B.D. Construction, Inc. v. Mid-Continent Casualty Co., * Fed.Appx. *, 2014 WL 3377690 (11th Cir. 2014), claimant property owner Sun City contracted with insured general contractor J.B.D. for the construction of a fitness center.  ....

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"Property damage", Duty to defend, Duty to pay, Florida, l. Your completed work

North Carolina exclusion j(6) “that particular part”

December 2, 2011 Scott Patterson

In Alliance Mutual Insurance Co. v. Dove, 714 S.E.2d 782 (N.C. Ct. App. 2011), claimant Murphy-Brown hired insured Dove to repair a broken elevator belt in a grain elevator in Murphy-Brown’s feed mill.   The elevator ....

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j.(6), North Carolina

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

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

Ohio subcontractor work exception to the “your work” exclusion

July 20, 2011August 14, 2020 Scott Patterson

In Mosser Construction, Inc. v. Travelers Indem. Co., No. 09-4449 (6th Cir. July 14, 2011)(unpublished), claimant project owner Port Clinton contracted with insured general contractor Mosser for the construction of a building.  Following completion, Port ....

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Ohio, Subcontractor work exception Ohio

Delaware “occurrence” and exclusions j(5) and j(6)

June 7, 2011 Scott Patterson

In Goodville Mut. Cas. Co. v. Baldo, No. 09-338 (D. Del. June 2, 2011), claimants condominium association and unit owners sued project developer Rehoboth and general contractor Capano seeking damages because of moisture penetration property ....

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Delaware, j.(5), j.(6), Occurrence

Missouri breach of contract “occurrence,” and contractual liability and sistership exclusions.

June 7, 2011 Scott Patterson

In The Cincinnati Ins. Co. v. Transport Graphics, Inc., No. 09-04259 (W.D. Mo. May 19, 2011), claimant Arning sued insured Transport alleging that colored vinyl graphic panels Arning purchased from Transport faded.  The complaint alleged ....

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Contractual Liability, Missouri, n. Sistership, Occurrence

Mississippi exclusions j(5) and j(6) “that particular part”

June 6, 2011 Scott Patterson

In Lafayete Ins. Co. v. Peerboom, No. 3:10cv336 (S.D. Miss. June 2, 2011), claimant homeowner Peerboom hired insured contractor Absolute to raise Peerboom’s house two feet to avoid future flooding.  While Absolute was raising the ....

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j.(5), j.(6), Mississippi

Virginia Chinese Drywall and pollution exclusion

May 26, 2011 Scott Patterson

In Nationwide Mut. Ins. Co. v. The Overlook, LLC, No. 4:10cv69 (E.D. Va. May 13, 2011), homeowner Edmonds sued insured developer/general contractor Overlook seeking damages resulting from defective Chinese drywall installed in Edmonds’ home.   Overlook’s ....

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Pollution, Virginia

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