CaselawDamages because of PDNumber of "occurrences"OccurrenceVirginia
Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”
In Dragas Management Corp. v. Hanover Insurance Co., No. 2:10cv547 (E.D. Va. July 21, 2011), claimant residential home general contractor and developer DMC filed for ...
August 2, 2011
Read More →
"Property damage"CaselawColoradoDamages because of PDDuty to defendInsuring AgreementOccurrence
Colorado statutory “property damage” caused by an “occurrence”
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. ...
August 1, 2011
Read More →
"Property damage"CaselawColoradoDamages because of PDj.(5)j.(6)Occurrence
Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”
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 ...
August 1, 2011
Read More →
"Get to" costs"Property damage"CaselawDamages because of PDFlorida
Florida “get to” costs do not constitute damages because of “property damage”
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 ...
July 26, 2011
Read More →
CaselawFloridaTrigger
Florida trigger
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 ...
July 26, 2011
Read More →
CaselawTexas
Texas excess insurer indemnity reimbursement from primary insurer.
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. ...
July 25, 2011
Read More →
CaselawOhioSubcontractor work exception
Ohio subcontractor work exception to the “your work” exclusion
In Mosser Construction, Inc. v. Travelers Indem. Co., No. 09-4449 (6th Cir. July 14, 2011)(unpublished), claimant project owner Port Clinton contracted with insured general contractor ...
July 20, 2011
Read More →
CaselawDelawarej.(5)j.(6)Occurrence
Delaware “occurrence” and exclusions j(5) and j(6)
In Goodville Mut. Cas. Co. v. Baldo, No. 09-338 (D. Del. June 2, 2011), claimants condominium association and unit owners sued project developer Rehoboth and ...
June 7, 2011
Read More →
CaselawContractual LiabilityMissourin. SistershipOccurrence
Missouri breach of contract “occurrence,” and contractual liability and sistership exclusions.
In The Cincinnati Ins. Co. v. Transport Graphics, Inc., No. 09-04259 (W.D. Mo. May 19, 2011), claimant Arning sued insured Transport alleging that colored vinyl ...
June 7, 2011
Read More →
Caselawj.(5)j.(6)Mississippi
Mississippi exclusions j(5) and j(6) “that particular part”
In Lafayete Ins. Co. v. Peerboom, No. 3:10cv336 (S.D. Miss. June 2, 2011), claimant homeowner Peerboom hired insured contractor Absolute to raise Peerboom’s house two ...
June 6, 2011
Read More →
