Subcontractor work exception Archives

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 Co., No. 09-4449 (6th Cir. July 14, 2011)(unpublished), claimant project owner Port Clinton contracted with insured general contractor Mosser for the construction of a building.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

Tennessee “property damage” and subcontractor work exception to “Your Work” exclusion

February 4, 2011 Scott Patterson

In Forrest Construction, Inc. v. The Cincinnati Ins. Co., No. 3:09-1036 (M.D. Tenn. Aug. 2, 2010), insured general contractor Forrest built a residence for Laughlin. Forrest filed suit against Laughlin for amounts owned under the ....

North Carolina “property damage” and subcontractor work exception to exclusion l.

November 24, 2010 Scott Patterson

In Breezewood of Wilmington Condominiums Homeowners’ Assoc., Inc. v. Amerisure Mut. Ins. Co., No. 08-1476 (4th Cir. July 1, 2009)(unpublished), insured Quality was the general contractor for the Breezewood condominiums project. Following completion, the Breezewood ....

Texas “property damage” caused by an “occurrence,” and the subcontractor’s work exception to exclusion l.

September 29, 2010 Scott Patterson

In Lamar Homes, Inc. v. Mid-Continent Casualty Co., No 05-0832 (Tex. Aug. 31, 2007), claimant DiMare purchased a house from insured general contractor Lamar. Several years later, DiMare sued Lamar and Lamar’s subcontractors for negligent ....

Tennessee “property damage” caused by an “occurrence,” and “your work” exclusion.

September 16, 2010 Scott Patterson

In Travelers Indemnity Co. of America v. Moore & Associates, Inc., 216 S.W. 3d 302 (Tenn. 2007), claimant Hilcom hired insured general contractor Moore to design and construct a hotel. Following completion, Hilcom filed a ....

West Virginia “property damage” caused by an “occurrence,” subcontractor work exception to “your completed work” exclusion, and trigger

September 16, 2010 Scott Patterson

In Simpson-Littman Construction, Inc. v. Erie Ins. Prop. & Cas. Ins. Co., No. 3:09-0240 (S.D. W.V. Sept. 13, 2010), claimant Bush hired insured general contractor Simpson-Littman to build a house. After completion, cracking developed throughout ....

Arizona “legally obligated to pay,” breach of contract as an “occurrence,” contractual liability exclusion, exclusion j.(5) “that particular part,” “get to” costs, and voluntary payment condition.

August 9, 2010 Scott Patterson

In Desert Mountain Properties Ltd. Partnership v. Liberty Mutual Fire Ins. Co., 236 P.3d 421 (Ariz. Ct. App. 2010), aff'd, 250 P.3d 196 (Ariz. 2011), insured Desert Mountain was the developer for fifty homes. Following ....

Ohio “property damage” caused by an “occurrence”; contractual liability exclusion; exclusions j.(5), j.(6), k., l., and n.; and professional services exclusion.

July 31, 2010 Scott Patterson

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 ....

Oregon “property damage” caused by an “occurrence,” earth movement/subsidence exclusion, Subcontractor exception to Your Completed Work exclusion l.

July 29, 2010 Scott Patterson

In Willmar Development, LLC v. Illinois National Insurance Co., 726 F. Supp. 2d 1280 (D. Ore. 2010), Willmar was the general contractor for a house that it sold to Walton. Walton sued Willmar for breach ....