Federal Court in Tennessee Holds Insurer Responsible Under CGL Policy For Defending Contractor Against Negligence Claims

See article in Construction Risk Newsletter:
ConstructionRisk.com Report Vol. #13, Issue #6

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When an owner asserts a claim of negligent construction against a general contractor, the general contractor may seek to have its insurer provide a defense to the claims (i.e., pay for an attorney) under its commercial general liability (“CGL”) policy and, if the general contractor is found to have been negligent, to pay the judgment. [...]

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Faulty Workmanship Coverage Under CGL Policy

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Costs of ripping out and replacing defective work was held to be potentially covered as property damage under a CGL policy issued by Zurich American Insurance, where employees of the insured contractor caused a leak in steam pipes by improperly unpacking the pipe prior to installation.  The contractor claimed that ripping out work of its [...]

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CGL Policy does not cover contractor’s defective work

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To what extent may defective workmanship of a contractor be covered under a commercial general liability (CGL) policy. Contractors have occasionally argued successfully that property damage or personal injury was imminent as a result of their defective work, and that the repair to the work must be deemed to be insured damage. More often that [...]

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Cost of replacing defective work excluded under Builder’s Risk Policy

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A construction contractor (Laquilia Construction, Inc.) poured concrete that failed to meet the specifications for minimum strength for the floor slab of a high rise commercial building. The defective concrete had to be ripped out and replaced. This replacement required reinforcing the building while the rework was performed. It also required various subcontractors to remove [...]

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Subcontract Installation of Unattractive Wrong Shingles not Property Damage Covered by CGL Policy

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Where a subcontractor, without knowledge or permission of the prime contractor, purchased and installed shingles on the roof of a new garage that were a different color and an inferior grade than specified by the contract, the homeowner sued the prime contractor for damages for breach of contract, negligence and consumer fraud.  The prime contractor’s [...]

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