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Mold from a Covered Concurrent Cause Still Excluded

by Kent Holland | Jul 18, 2011 | Newsletter Article

November 2010 The mold exclusion in a builders risk insurance policy was held to be applicable to mold damage that resulted from covered water damages that resulted when vandals turned on water taps of a new house just after substantial construction had been...

CGL Pollution Exclusion Applies to Dust and Diesel Fumes

by Kent Holland | Jul 18, 2011 | Newsletter Article

December 2010 Dust and exhaust fumes emanating from a cement company’s construction operations at a nearby airport caused harm to a group of nearby homeowners. The injuries complained of included contaminated drinking water, breathing disorders, and...

No CGL Coverage for Chimney Repairs Due to Carbon Monoxide Leakage

by Kent Holland | Jul 18, 2011 | Newsletter Article

A court held that there was no “occurrence” as defined by the commercial general liability (CGL) policy when repairs had to be made to chimneys in new houses due to leaking flue gasses and carbon monoxide. by J. Kent Holland Jr. ConstructionRisk.com LLC...

Architect Not Entitled to Recover Fee for Services on Foreign Embassy Because Not Licensed in Washington, D.C.

by Kent Holland | Jul 13, 2011 | Newsletter Article

An architect licensed in the state of Maryland but not in Washington, D.C. entered into, and won, a competition for the architectural design of a new embassy and chancery building in Washington, D.C. for the United Arab Emirates (“UAE”).  Because she was not licensed...

General Contractor Can Recover Damages Caused by Sub’s Defective Work From the Sub’s CGL Policy

by Kent Holland | Jul 13, 2011 | Newsletter Article

Where a plumbing subcontractor installed water lines that did not meet the project specifications, and this caused damage to a neighboring property, the prime contractor sued the sub for negligent work and was entitled to recover its damages from the sub’s commercial...
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