Caselawj.(5)j.(6)Texas
Texas exclusion j(5) for on-going operations only, and exclusion j(6) for “that particular part” only
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. ...
February 7, 2011
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"Property damage"allocationCaselawDuty to defendOccurrenceTexas
Texas “property damage” caused by an “occurrence,” trigger, duty to defend, and allocation
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 ...
February 7, 2011
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CaselawExpected or IntendedTennessee
Tennessee “expected or intended” exclusion
In Assurance Co. of America v. Continental Development & Construction, Inc., No. 09-5705 (6th Cir. Aug. 26, 2010)(unpublished), insured general contractor Continental constructed a home ...
February 7, 2011
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CaselawConditionsFloridaVoluntary Payment
Florida breach of no-voluntary payments condition
In Rolyn Cos., Inc. v. R&J Sales of Texas, Inc., No. 09-16348f (11th Cir. Feb. 2, 2011)(unpublished), insured general contractor Rolyn was hired to repair ...
February 7, 2011
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"Property damage"Caselawm. Impaired Propertyn. SistershipWisconsin
Wisconsin “property damage,” and “impaired property” and “sistership” exclusions.
In Tweet/Garot-August Winter, LLC v. Liberty Mut. Fire Ins. Co., No. 06-C-800 (E.D. Wis. Feb. 7, 2007), the insured was hired to install pipes and ...
February 4, 2011
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"Property damage"Caselawl. Your completed workSubcontractor work exceptionTennessee
Tennessee “property damage” and subcontractor work exception to “Your Work” exclusion
In Forrest Construction, Inc. v. The Cincinnati Ins. Co., No. 3:09-1036 (M.D. Tenn. Aug. 2, 2010), insured general contractor Forrest built a residence for Laughlin. ...
February 4, 2011
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Caselawk. Your productm. Impaired PropertyTexas
Texas “Your Product” and “Impaired Property” exclusions
In Admiral Ins. Co. v. H&W Industrial Services, Inc. No. EP-10-CV-273-KC (W.D. Tex. Feb. 1, 2011), insured H&W was sued by claimant Texas Department of ...
February 4, 2011
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CaselawDuty to defendIllinoisSelection of defense counsel
Illinois right to select defense counsel
In R.G. Wegman Construction Co. v. Admiral Ins. Co., No. 09-2022 (7th Cir. Jan. 14, 2011), insured construction manager Wegman was sued by Budrik, an ...
February 4, 2011
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Additional InsuredCaselawColorado
Colorado Additional Insured “ongoing operations only”
In United Fire & Casualty Co. v. Boulder Plaza Residential, LLC, Nos. 10-1056 (10th Cir. Jan. 27, 2011), M&R was the general contractor for a ...
February 4, 2011
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Caselawk. Your productMinnesotan. Sistership
Minnesota “Your Product” and “Sistership” exclusions
In Bright Wood Corp. v. Bankers Standard Ins. Co., No. C5-02-2075665 (Minn. Ct. App. July 22, 2003), insured Bright Wood manufactured wood window sash components ...
February 4, 2011
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