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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: Insuring Agreement

Florida Duty to Defend a Chapter 558 Right to Repair Notice

June 24, 2015 Scott Patterson

In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., 2015 WL 3539755 (S.D. Fla. 2015), Altman was the general contractor for a residential condominium project. The condominium association served Altman with Chapter 558 ....

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Duty to defend, Florida

New Jersey/New York “occurrence”

July 24, 2014August 14, 2020 Scott Patterson

In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey ....

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New Jersey, New York, Occurrence New Jersey, New York

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

Pennsylvania “occurrence”

December 29, 2013 Scott Patterson

In Indalex Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 WL 6237312 (Pa. Super. 2013), insured Indalex was sued in multiple underlying actions, filed in states other than Pennsylvania, alleging that Indalex ....

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Occurrence, Pennsylvania

South Carolina “occurrence” and number of “occurrences”

October 28, 2013 Scott Patterson

In Auto-Owners Insurance Co. v. Rhodes, No. 27316 (S.C. Sept. 25, 2013), claimant Rhodes contracted with insured Eaton for the design, fabrication, and installation of three outdoor advertising signs. After the signs were installed, one ....

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Number of "occurrences", Occurrence, South Carolina

Alabama no subcontractor work exception means no “property damage” caused by an “occurrence”

October 15, 2013 Scott Patterson

In Owners Insurance Co. v. Jim Carr Homebuilder, LLC, No. 1120764 (Ala. Sept. 20, 2013)(application for rehearing pending), insured general contractor JCH, utilizing subcontractors, built a home for the Johnsons.  Following completion, the Johnsons sued ....

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"Property damage", Alabama, Occurrence

Alabama “property damage” caused by an “occurrence”

July 2, 2012 Scott Patterson

In Town & Country Property, LLC v. Amerisure Insurance Co., No. 1100009 (Ala. June 29, 2012), property owner Town & Country contracted with insured general contractor Jones-Williams for the construction of a car dealership.  All of the ....

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"Property damage", Alabama, Occurrence

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

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

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