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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: “Property damage”

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

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

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

Colorado statutory “property damage” caused by an “occurrence”

August 1, 2011 Scott Patterson

Colorado General Assembly House Bill 10-1394 was signed into law by the Governor on May 21, 2010, codified at Colo. Rev. Stat. § 13-20-808 (2010) 13-20-808. Insurance policies issued to construction professionals (1) (a) The general ....

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"Property damage", Colorado, Damages because of PD, Duty to defend, Insuring Agreement, 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

Florida “get to” costs do not constitute damages because of “property damage”

July 26, 2011 Scott Patterson

In Palm Beach Grading, Inc. v. Nautilus Ins. Co., No. 10-12821 (11th Cir. July 14, 2011), claimant general contractor Palm Beach Grading (“PBG”) subcontracted with insured A-1 for construction of a sewer line for the ....

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"Get to" costs, "Property damage", Damages because of PD, Florida

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

Oregon “property damage” and duty to defend

April 21, 2011 Scott Patterson

In State Farm Fire & Casualty Co. v. American Family Mut. Ins. Co., A142944 (Ore. Ct. App. April 6, 2011), insured general contract Edgewater built a residence for Vossoughis.  Several years after completion, Vossoughis sued ....

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"Property damage", Duty to defend, Oregon

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

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