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Summaries of Construction Defect Cases — on cdcoverage.com

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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: j.(6)

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

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

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

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

Texas exclusions j(5) and j(6).

April 25, 2011 Scott Patterson

In Evanston Ins. Co. v. D&L Masonry of Lubbock, Inc., No. 07-10-00358-CV (Tex. Ct. App. April 18, 2011), insured masonry subcontractor D&L sued its CGL insurer Evanston to recover costs incurred by D&L for the ....

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j.(5), j.(6), Texas

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

April 23, 2011 Scott Patterson

In E.H. Spencer & Co., LLC v. Essex Ins. Co., No. 09-P-1812 (Mass. Ct. App. April 8, 2011)(unpublished), insured Spencer was the general contractor for a residence.  During construction, the project suffered water penetration damage ....

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j.(5), j.(6), Massachusetts

North Carolina “property damage” caused by an “occurrence,” exclusions j(5) and j(6) “that particular part,” and duty to defend.

April 6, 2011 Scott Patterson

In Builders Mut. Ins. Co. v. Mitchell, No. 08 CVS 002340 (N.C. Ct. App. April 5, 2011), claimant McKinney hired insured general contractor Umstead to perform repairs to portions of McKinney’s house.  Umstead performed the ....

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"Property damage", Duty to defend, j.(5), j.(6), North Carolina, Occurrence

Ohio “property damage” caused by an “occurrence,” and exclusions j(6), k., l., and m.

April 2, 2011 Scott Patterson

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 ....

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"Property damage", j.(6), k. Your product, l. Your completed work, m. Impaired Property, Occurrence, Ohio

Missouri exclusions j.(5) and j.(6); “that particular part”

March 22, 2011 Scott Patterson

In Brake Landscaping & Lawncare, Inc. v. Hawkeye-Security Ins. Co., No. 09-3874 (8th Cir. Nov. 1, 2010), insured landscaping contractor Brake, intending to apply a selective herbicide to customers’ lawns in order to kill weeks, ....

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j.(5), j.(6), Missouri

Texas exclusion j(5) for on-going operations only, and exclusion j(6) for “that particular part” only

February 7, 2011 Scott Patterson

In Mid-Continent Casualty Co. v. JHP Development, Inc., No. 05-50796 (5th Cir. Jan. 28, 2009), insured JHP was the general contractor for a condominium project.   As called for in the contract, JHP completed the model ....

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j.(5), j.(6), Texas

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