In Builders Mut. Ins. Co. v. Wingard Properties, Inc., No. 4:07-CV-2179-TLW (D. S.C. Sept. 28, 2010), homeowner Roberts noticed leaks shortly after moving in which were repaired by the insured general contractor. Several years later additional leaks developed. Investigation revealed several areas of defective construction resulting in continuous moisture penetration. Successive CGL insurers jointly settled the Roberts claim and then sought reallocation. Based on expert testimony that the defects existed from the time of construction, the federal trial court, applying South Carolina’s modified continuous trigger, allocated the settlement amount between insurers by pro-rata time on the risk from the date damages began through the date of the settlement.
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Mississippi “occurrence”
Caselaw, Insuring Agreement, Mississippi, Occurrence | March 23, 2010