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CGL Policy not required to indemnify a judgment against a general contractor – Professional Liability Exclusion and the “Your Work” Exclusions Applied

by Kent Holland | Feb 19, 2025 | Newsletter Article

Where a swimming pool construction contractor built a multi-million dollar “floating floor pool, it designed a system based on information found on YouTube.  When completed, the pool floor wouldn’t raise evenly.  It jammed inside the pool shell and each time it was...

Additional Insured Prime Contractor Entitled to be Defended under Subcontractor CGL Policy Where Plaintiff Merely Alleged “Damage to Other Property”

by Kent Holland | Dec 16, 2022 | Newsletter Article

A Commercial General Liability (CGL)Insurance carrier had a duty to defend a property developer who was an additional insured under a subcontractor’s CGL policy in a lawsuit by a homeowner association (HOA).  While a lower court granted the carrier summary judgment...

EIFS Repairs Covered without Insurer’s Consent

by Kent Holland | May 6, 2014 | Newsletter Article

 J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...

CGL Policy May Cover Damage to the Insured Contractor’s Own Work and Breach of Warranty is a Potentially Covered Occurrence

by Kent Holland | Jan 30, 2014 | Newsletter Article

A question often arises whether there is insurance coverage under a commercial general liability (CGL) policy for damage the insured contractor’s own work.  Many states require that there is no insurable  “occurrence” under a CGL policy unless there has been damage to...

Contractor’s CGL Insurance Carrier Must Pay Attorney’s Fees Awarded to Plaintiff against Insured Despite No Coverage for the Compensatory Damages that Were Awarded

by Kent Holland | Aug 14, 2013 | Newsletter Article

In a very strange (and I believe wrongly decided case), the Supreme Court of Idaho held that where a contractor was defended by its commercial general liability (CGL) carrier, and was found liable for breach of an implied warranty of workmanship in performing the work...

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