Colorado “property damage” caused by an “occurrence”
In General Security Indem. Co. v. Mountain States Mut. Cas. Co., Nos. 07CA2291 & 07CA2292 (Colo. Ct. App. Feb. 19, 2009), a residential development homeowners association sued the general contractor seeking damages for construction defects resulting in property damage and alleging causes of action for negligence, breach of contract, and
Michigan “property damage” caused by an “occurrence”
In Houseman Construction Co. v. Cincinnati Ins. Co., No. 1:08-CV-719 (W.D. Mich. April 23, 2010), insured Houseman was the general contractor for a grocery store. Several years after completion of the store, the owner sued Houseman for breach of contract seeking damages for the costs to repair or replace a
Montana “occurrence” and “property damage”
In King v. State Farm Fire & Casualty Co., No. CR 09-96-M-DWM (D. Mont. May 18, 2010), the Kings purchased a log home kit from the insured. After receiving the kit, the Kings sued the insured alleging the kit did not meet the contract specifications in that the logs were
California “property damage” and “your product” and “sistership” exclusions
In Silgan Containers Corp. v. National Union Fire Ins. Co., No. C 08-2246 PJH (N.D. Cal. March 29, 2010), insured Silgan contracted with Del Monte to supply pull-tab food containers to Del Monte which Del Monte then filled with fruit and sold to consumers. After Del Monte began receiving consumer
Florida “property damage” caused by an “occurrence”
In St. Paul Fire & Marine Ins. Co. v. Sea Quest Int’l, Inc., 676 F. Supp. 2d 1306 (M.D. Fla. 2009), Sea Quest contracted with insured Trident to construct a yacht. Sea Quest terminated Trident prior to completion, alleging defective and untimely construction. Sea Quest sued Trident for breach of
Florida “property damage” caused by an “occurrence”
In Amerisure Mut. Ins. Co. v. Auchter Co., No. 3:08-cv-645-J-32HTS (M.D. Fla. Feb. 4, 2010), Amelia Island Company hired Auchter to serve as general contractor for several buildings. Amelia itself supplied concrete roof tiles for Auchter’s subcontractor to install. Following completion, concrete roof tiles began to fall from one of
Wisconsin “property damage” caused by an “occurrence”
In Mantz Automation, Inc. v. Navigators Ins. Co., No. 2009AP1681 (Wisc. Ct. App. May 10, 2010), property owner Mantz hired CSR to act as general contractor for the construction of a manufacturing facility. CSR subcontracted with Craft for the masonry work. After completion, CSR noticed defects in the concrete floor.
Mississippi “occurrence”
In Architex Association, Inc. v. Scottsdale Ins. Co., No. 2008-CA-01353-SCT (Miss. Feb. 11, 2010), Architex was hired by CIS to act as general contractor for the construction of a hotel. Architex subcontracted some of the work. CIS sued Architex alleging breach of contract and negligence in constructing the hotel. Extrinsic