Summaries of Construction Defect Cases — on cdcoverage.com
m. Damage to Impaired Property or Property Not Physically Injured
“Property damage” to “impaired property” or property that has not been physically injured arising out of:
(1) A defect deficiency, inadequacy or dangerous condition in “your product” or “your work”; or
(2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to “your product” or “your work” after it has been put to its intended use.
* * *
“Impaired property” means tangible property, other than “your product” or “your work”, that cannot be used or is less useful because:
a. It incorporates “your product” or “your work” that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of “your product” or “your work”; or
b. Your fulfilling the terms of the contract or agreement.
In Cincinnati Ins. Co. v. Dorsey Reconditioning, Inc., No. 10-CA-11 (Ohio Ct. App. March 25, 2011), insured Dorsey contracted with claimant Clow to sandblast and prime pipe which Clow contracted to supply to WMSI for ....
In Tweet/Garot-August Winter, LLC v. Liberty Mut. Fire Ins. Co., No. 06-C-800 (E.D. Wis. Feb. 7, 2007), the insured was hired to install pipes and valves in the HVAC system for the Lambeau Field stadium ....
In Admiral Ins. Co. v. H&W Industrial Services, Inc. No. EP-10-CV-273-KC (W.D. Tex. Feb. 1, 2011), insured H&W was sued by claimant Texas Department of Transportation for breach of contract and warranty seeking damages for ....
In Wayne Bros., Inc. v. N. River Ins. Co., No. 1:01CV00842 (M.D. N.C. Aug. 20, 2003), insured Wayne was the concrete floor subcontractor on a construction project. Following completion, surface delamination developed in the floor. ....
In Indian Harbor Ins. Co. v. Transform LLC, No. C09-1120 RSM (W.D. Wash. Sept. 8, 2010), claimant AHM hired insured Transform to construct modular condominium units using materials supplied by AHM. After the units were ....
In Younglove Construction, LLC v. PSD Development, LLC, No. 3:08CV1337 (N.D. Ohio July 21, 2010), insured Custom Agri Systems, Inc. was a subcontractor to Younglove Construction for the design and construction of a steel grain ....
In Westfield Ins. Co. v. R.L. Diorio Custom Homes, Inc., No. CA2009-09-12 (Ohio Ct. App. 12th Dist. March 15, 2010), homeowner Schumacher sued homebuilder Diorio alleging that Diorio failed to construct the home in a ....
In Auto Owners Ins. Co., Inc. v. Newman, 684 S.E.2d 541 (S.C. 2009), the homeowner sued the insured homebuilder for property damage to parts of the home caused by water penetration through defective stucco siding ....