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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: Texas

Texas “your work” exclusion

November 28, 2011 Scott Patterson

In American Home Assurance Co. v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011), claimant Ergon hired insured Cat Tech to perform service on a reactor at Ergon’s refinery.  During a start-up of ....

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l. Your completed work, Texas

Texas excess insurer indemnity reimbursement from primary insurer.

July 25, 2011 Scott Patterson

In Colony Ins. Co. v. Peachtree Construction, Ltd., No. 09-11106 (5th Cir. July 19, 2011), Peachtree was the general contractor for a highway paving project.  Peachtree subcontracted with CrossRoads for signs, barricades and warning devices.  ....

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Texas

Texas contractual liability exclusion

May 4, 2011 Scott Patterson

In Ewing Construction Co., Inc. v. Amerisure Ins. Co., No. C-10-256 (S.D. Tex. April 28, 2011), insured Ewing was the general contractor for an athletic facility constructed for a school district.  The school district sued ....

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Contractual Liability, Texas

Texas co-insurer recovery of defense costs and indemnity

April 28, 2011 Scott Patterson

In Maryland Casualty Co. v. Acceptance Indem. Ins. Co., No. 10-50283 (5th Cir. April 25, 2011), insured contractor Guidry built a swimming pool for McGee.  During the several years after completion, several leaks and a ....

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Co-insurer contribution, Co-insurer contribution, Texas

Texas exclusions j(5) and j(6).

April 25, 2011 Scott Patterson

In Evanston Ins. Co. v. D&L Masonry of Lubbock, Inc., No. 07-10-00358-CV (Tex. Ct. App. April 18, 2011), insured masonry subcontractor D&L sued its CGL insurer Evanston to recover costs incurred by D&L for the ....

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j.(5), j.(6), Texas

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

Texas res judicata and co-insurer defense costs contribution

March 23, 2011 Scott Patterson

In Truck Ins. Exchange v. Mid-Continent Casualty Co., No. 03-08-00526-CV (Tex. App. 3d Aug. 27, 2010), insured contractor DCI was sued by the project owner seeking damages for defective construction.  DCI tendered its defense to ....

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Co-insurer contribution, Texas, Uncategorized

Texas trigger and exclusion l.

February 8, 2011 Scott Patterson

In VRV Development L.P. v. Mid-Continent Cas. Co., No. 10-10123 (5th Cir. Jan. 7, 2011), claimant Goodman hired insured VRV to develop residential lots.  VRV in turn hired subcontractors to design and construct retaining walls ....

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l. Your completed work, Texas, Trigger

Texas exclusion j(5) for on-going operations only, and exclusion j(6) for “that particular part” only

February 7, 2011 Scott Patterson

In Mid-Continent Casualty Co. v. JHP Development, Inc., No. 05-50796 (5th Cir. Jan. 28, 2009), insured JHP was the general contractor for a condominium project.   As called for in the contract, JHP completed the model ....

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j.(5), j.(6), Texas

Texas “property damage” caused by an “occurrence,” trigger, duty to defend, and allocation

February 7, 2011 Scott Patterson

In Landstar Homes Dallas, Ltd. v. Mid-Continent Casualty Co., No. 3:10-CV-0014-K (N.D. Tex. Dec. 13, 2010), insured homebuilder Landstar was sued by Cameron, a purchaser of a Landstar home, for negligence, breach of contract, and ....

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"Property damage", allocation, Duty to defend, Occurrence, Texas

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