Insurance — Commercial general liability — Property damage — Subcontractor’s defective construction — Duty to defend — Underlying complaint by developer and contractor alleging subcontractor engaged in various construction defects alleges property damage sufficient to trigger CGL insurer’s duty to defend subcontractor in underlying action where underlying complaint alleges physical injury to tangible property by claiming that, in addition to faulty workmanship, defects in subcontractor’s work caused “damage to other building components,” “damage to other property,” “loss of use,” and required “relocation of residents” — Exclusions — Damage to your work — Your Work Exclusion in CGL policies that excludes coverage for “property damage” to subcontractor’s “work arising out of it or any part of it and included in the ‘products-completed operations hazard’ ” does not bar coverage — Underlying complaint alleges damage to property other than that which was completed by subcontractor, and insurer has not demonstrated that allegations against subcontractor fall solely and entirely within Your Work Exclusion — Exterior and Stucco Exclusion — Insurer’s duty to defend subcontractor in underlying action is not barred by Stucco Exclusion, which excludes coverage for any claim, suit, action, or proceeding for property damage which is in any way related to or arising out of an exterior finishing system or exterior stucco application — Evidence is insufficient to find that an exterior insulating and finishing system was used on project in question and to determine that each allegation against subcontractor relates to or arises out of installation of stucco or EIFS — Duty to indemnify — Insurer’s duty to indemnify subcontractor is not ripe for adjudication where there has been no factual determination as to liability in underlying action
27 Fla. L. Weekly Fed. D174a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index