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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: Occurrence

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

Missouri breach of contract “occurrence,” and contractual liability and sistership exclusions.

June 7, 2011 Scott Patterson

In The Cincinnati Ins. Co. v. Transport Graphics, Inc., No. 09-04259 (W.D. Mo. May 19, 2011), claimant Arning sued insured Transport alleging that colored vinyl graphic panels Arning purchased from Transport faded.  The complaint alleged ....

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Contractual Liability, Missouri, n. Sistership, Occurrence

South Carolina “occurrence”

May 19, 2011 Scott Patterson

The Insurance Law (Title 38), Insurance Contracts Generally (Chapter 61) of the Code of Laws of South Carolina 1976 Annotated, has been amended to add the following: Section 38–61–70.       (A)  For purposes of this section: ....

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Occurrence, South Carolina

Ohio “property damage” caused by an “occurrence.”

May 6, 2011 Scott Patterson

In JTO, Inc. v. State Automobile Mut. Ins. Co., No. 2010-L-062 (Ohio Ct. App. March 25, 2011), general contractor JTO was sued by hotel project owner Marriott for breach of contract and warranties seeking damages ....

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"Property damage", Occurrence, Ohio

Pennsylvania “occurrence.”

April 28, 2011 Scott Patterson

In National Fire Ins. Co. of Hartford v. Robinson Fans Holdings, Inc., Civ. No. 10-1054 (April 7, 2011), insured Robinson was sued by ADM for breach of contract, breach of warranty, and negligent design, seeking ....

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Occurrence, Pennsylvania

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

Wisconsin “property damage” caused by an “occurrence.”

April 4, 2011 Scott Patterson

In American Family Mut. Ins. Co. v. American Girl, Inc., 673 N.W.2d 65 (Wis. 2004), the insured general contractor was hired by the owner to design and build a warehouse on the owner's property.  The ....

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"Property damage", Occurrence, Wisconsin

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

Georgia “occurrence”

March 8, 2011 Scott Patterson

In American Empire Surplus Lines Ins. Co. v. Hathaway Development Co., Inc.,  No. S10G0521 (Ga. March 7, 2011), insured plumbing subcontractor Whisnant was sued by general contractor Hathaway seeking damages for costs incurred by Hathaway ....

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Georgia, Occurrence

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