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10th Circ. Axes Insurers' Power Plant Defect Coverage Win

Law360 (February 13, 2018, 10:21 PM EST) -- Black & Veatch Corp. can pursue up to $25 million in coverage from a pair of insurers for construction defects at four power plants, a split Tenth Circuit panel ruled Tuesday, upending a lower court's decision by predicting that New York's high court would find that damages resulting from a subcontractor's shoddy work are a covered occurrence.

In a 2-1 opinion, a panel of the appeals court agreed with B&V that the company's umbrella policy with Aspen Insurance Ltd. and Lloyd's Syndicate 2003 — collectively referred...
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