INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
Insurance, Earth Movement Exclusion, home damages
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
Insurance, townhouse developer, contractor’s policy
INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]
Insurance, house cracks, Earth Movement Exclusion”
INSURANCE: “Physical injuries” of house cracks occurred at time of construction, not discovery, are within policy coverage period, not barred by Earth Movement Exclusion, insurer has duty to provide coverage… Todd. [Read more…]
$466,000 verdict, rotten logs in log home
VERDICT: $466,000 (40% against previous owners, 60% against inspector), rotten logs in log home. [Read more…]
Insurance, boulder fall on cabin, “earth movement”
INSURANCE: Boulder fall onto cabin properly excluded under “earth movement” exclusion… no basis for UTPA claim… Tucker affirmed. [Read more…]
HOA, reconstruction of destroyed bridge
HOA: Articles do not mandate reconstruction of destroyed bridge when other bridges provide access, cost estimate far in excess of $1,500, and majority of members object… supervisory control of Gilbert granted ordering summary judgment for HOA (order). [Read more…]