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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: Florida

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

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

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

Florida trigger

July 26, 2011 Scott Patterson

In Mid-Continent Casualty Co. v. Siena Home Corp., No. 5:08-CV-385-Oc-10GJK (M.D. Fla. July 8, 2011), insured residential real estate developer Siena was sued by homeowners seeking damages for moisture penetration property damage resulting from exterior ....

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Florida, Trigger

Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

May 23, 2011 Scott Patterson

In Auto-Owners Ins. Co. v. American Building Materials, Inc., No. 8:10-CV-313-T-24-AEP (M.D. Fla. May 17, 2011), insured drywall supplier ABM was sued by general contractor KB Homes seeking damages because property damage to houses built ....

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Florida, k. Your product, n. Sistership, Pollution

Florida trigger

May 3, 2011 Scott Patterson

In Johnson-Graham-Malone, Inc. v. Austwood Enterprises, Inc., No. 16-2009-CA-005750-XXXX-MA (Fla. 4th Cir. Ct. Duval County, April 29, 2011), insured JGM was the general contractor for an apartment project completed in 1998.  In 2007, the project ....

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Florida, Trigger

Florida “property damage” and exclusion j.(5)

March 21, 2011 Scott Patterson

In Precise Construction, Inc. v. Amerisure Ins. Co., No. 10-10976 (11th Cir. March 14, 2011)(unpublished), Precise was the general contractor for a commercial construction project.  Precise subcontracted with GBL for the foundation.   GBL constructed the ....

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"Property damage", Florida, j.(5)

Florida breach of no-voluntary payments condition

February 7, 2011 Scott Patterson

In Rolyn Cos., Inc. v. R&J Sales of Texas, Inc., No. 09-16348f (11th Cir. Feb. 2, 2011)(unpublished), insured general contractor Rolyn was hired to repair hurricane damage to a building.  Rolyn in turn subcontracted with ....

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Conditions, Florida, Voluntary Payment

Florida trigger

January 5, 2011 Scott Patterson

In United National Ins. Co. v. Best Truss Co., No. 09-22897-CIV-ALTONAGA/Brown (S.D. Fla. Dec. 3, 2010), insured Best Truss supplied roof trusses for a building.  Several years after completion, physical injury to the building was ....

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Florida, Trigger

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