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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: States

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

South Carolina “your work” exclusion, “get to” costs

July 25, 2014 Scott Patterson

In Precision Walls, Inc. v. Liberty Mutual Fire Insurance Co., No. 2013-000787 (S.C. Ct. App. July 23, 2014), SYS was the general contractor for a project.  SYS contracted with Precision for the supply and installation of exterior ....

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"Get to" costs, l. Your completed work, South Carolina

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

Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

March 5, 2014 Scott Patterson

Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., * So.2d * (Fla. 2014), the issue was whether the insured general contractor could satisfy the SIR in its CGL policy with funds it received ....

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Florida, Self-Insured Retention

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

North Carolina exclusion j(6) “that particular part”

December 2, 2011 Scott Patterson

In Alliance Mutual Insurance Co. v. Dove, 714 S.E.2d 782 (N.C. Ct. App. 2011), claimant Murphy-Brown hired insured Dove to repair a broken elevator belt in a grain elevator in Murphy-Brown’s feed mill.   The elevator ....

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j.(6), North Carolina

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