Texas High Court Weighs Construction Insurance Exclusion

Law360, Houston (February 27, 2013, 6:40 PM EST) -- A construction company on Wednesday told the Texas Supreme Court its insurance company’s effort to avoid defending it against a suit over defectively built tennis courts by relying on an inapplicable policy exclusion could eliminate coverage for claims that are normally insured.

Ewing Construction Co. Inc. argued to the high court that its “implied promise” that it would build useable tennis courts is not the sort of agreement that would normally trigger a contractual liability exclusion under a commercial insurance policy issued by Amerisure Insurance Co....
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