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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: “legally obligated to pay”

Texas covered versus uncovered allocation and “legally obligated to pay.”

April 25, 2011 Scott Patterson

In Markel American Ins. Co. v. Lennar Corp., No. 14-10-00008-CV (Tex. Ct. App. April 19, 2011), insured homebuilder Lennar filed suit against its insurer Markel seeking recovery of costs incurred by Lennar to repair water damage to homes resulting from defective EIFS ....

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"legally obligated to pay", allocation, Texas

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 ....

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"Get to" costs, "legally obligated to pay", Arizona, Conditions, Duty to pay, j.(5), l. Your completed work, Subcontractor work exception, Uncategorized, Voluntary Payment

Florida duty to pay.

July 22, 2010 Scott Patterson

An insurer's duty to pay is determined by the actual facts, not the allegations of the complaint, and thus is not ripe for determination until the actual facts have been determined in the underlying action.  ....

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"legally obligated to pay", Duty to pay, Florida

MIssouri trigger and “legally obligated to pay”

June 18, 2010 Scott Patterson

In D.R. Sherry Construction, Ltd. v. American Family Mut. Ins. Co., No. SC90442 (Mo. June 15, 2010), following purchase of a new home constructed by insured general contractor Sherry, the owner complained of foundation and ....

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"legally obligated to pay", Missouri, Trigger
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