6th Circ. Revives Part Of TMW’s Coverage Dispute

Law360, New York (August 25, 2010, 7:47 PM EDT) -- A federal appeals court has determined that a Federal Insurance Co. policy did not cover water damage to a TMW Enterprises Inc.-owned building that was caused by construction flaws, but allowed TMW an opportunity to seek coverage for losses caused by other factors.

In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit on Wednesday reversed part of a lower court’s grant of summary judgment in favor of the insurer, finding that while an exclusion in the policy applied to water damage resulting...
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