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"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 ...
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 ...
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. ...
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 Co., No. 09-4449 (6th Cir. July 14, 2011)(unpublished), claimant project owner Port Clinton contracted with insured general contractor ...
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 ...
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 ...
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 ...
CaselawPollutionVirginia
Virginia Chinese Drywall and pollution exclusion
In Nationwide Mut. Ins. Co. v. The Overlook, LLC, No. 4:10cv69 (E.D. Va. May 13, 2011), homeowner Edmonds sued insured developer/general contractor Overlook seeking damages ...
CaselawFloridak. Your productn. SistershipPollution
Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.
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 ...
CaselawOccurrenceSouth Carolina
South Carolina “occurrence”
The Insurance Law (Title 38), Insurance Contracts Generally (Chapter 61) of the Code of Laws of South Carolina 1976 Annotated, has been amended to add the ...