In Transcontinental Ins. Co. v. R. Larry Phillips Construction Co., Inc., No. 09-15556 (11th Cir. April 26, 2010)(unpublished), claimant Woodruff hired insured general contractor Phillips to construct an apartment building. After completion, Woodruff sued Phillips for breach of contract and negligence alleging that Phillips’ defective construction resulted in moisture penetration resulting in property damage to the building. Phillips’ CGL insurers filed suit seeking a declaratory judgment of no duty to defend or indemnify Phillips in the Woodruff lawsuit. The federal district court entered summary judgment for the insurers, finding no “property damage” caused by an “occurrence.” On appeal, the Eleventh Circuit summarily affirmed.
Georgia “property damage” caused by an “occurrence”
