Pennsylvania “occurrence”
In Indalex Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 WL 6237312 (Pa. Super. 2013), insured Indalex was sued in multiple underlying actions, filed in states other than Pennsylvania, alleging that Indalex defectively designed or manufactured windows and doors resulting in leaks causing damage beyond the Indalex
South Carolina “occurrence” and number of “occurrences”
In Auto-Owners Insurance Co. v. Rhodes, No. 27316 (S.C. Sept. 25, 2013), claimant Rhodes contracted with insured Eaton for the design, fabrication, and installation of three outdoor advertising signs. After the signs were installed, one started to lean. At Rhodes’ request, Eaton repaired the leaning sign. Shortly thereafter, one of
Alabama no subcontractor work exception means no “property damage” caused by an “occurrence”
In Owners Insurance Co. v. Jim Carr Homebuilder, LLC, No. 1120764 (Ala. Sept. 20, 2013)(application for rehearing pending), insured general contractor JCH, utilizing subcontractors, built a home for the Johnsons. Following completion, the Johnsons sued JCH for breach of contract, fraud, negligence and wantonness, alleging defective construction resulted in moisture
Alabama “property damage” caused by an “occurrence”
In Town & Country Property, LLC v. Amerisure Insurance Co., No. 1100009 (Ala. June 29, 2012), property owner Town & Country contracted with insured general contractor Jones-Williams for the construction of a car dealership. All of the construction work was performed by Jones-Williams’ subcontractors. After completion, Town & Country sued Jones-Williams for defective construction.
North Carolina exclusion j(6) “that particular part”
In Alliance Mutual Insurance Co. v. Dove, 714 S.E.2d 782 (N.C. Ct. App. 2011), claimant Murphy-Brown hired insured Dove to repair a broken elevator belt in a grain elevator in Murphy-Brown’s feed mill. The elevator was inside a metal duct and, to access the broken belt, Dove had to cut
Colorado “occurrence”
In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., No. 09-1412 (10th Cir. November 1, 2011), general contractors Greystone and Branan were each sued by purchases of homes built by each alleging defective construction performed by subcontractors. CGL insurer American Family Mutual Insurance Company defended both Greystone and
Texas “your work” exclusion
In American Home Assurance Co. v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011), claimant Ergon hired insured Cat Tech to perform service on a reactor at Ergon’s refinery. During a start-up of the reactor after Cat Tech had completed its work, the reactor suffered damage. Cat Tech
Mississippi “occurrence”
In National Builders & Contractors Insurance Co. v. Slocum Construction, L.L.C, 428 Fed. Appx. 430 (5th Cir. 2011)(unpublished), Anderson hired insured general contractor Slocum to build a house on land that Anderson had staked out. When Anderson refused to pay for the completed house, Slocum tried to sell the house
South Carolina “occurrence” and allocation
In Crossman Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Co., No. 26909 (S.C. Aug. 22, 2011), insured Crossman was the developer and general contractor of several condominium projects constructed by Crossman’s subcontractors over multiple years. After completion, Crossman was sued by homeowners alleging negligent construction of exterior components
Washington defense costs reimbursement
Absent policy language allowing it, an insurer which obtains a judicial declaration of no duty to defend the insured in underlying litigation is not entitled to reimbursement of defense costs from insured. National Surety Corp. v Immunex Corp., No. 64712-1-I (Wash. Ct. App. July 25, 2011).