Case Study: Fortney V. American Manufacturers

Law360, New York (March 26, 2010, 12:00 PM EDT) -- Broadened insurance coverage in the context of construction took another step forward recently when the United States Court of Appeals for the Sixth Circuit agreed with a growing number of states in upholding coverage when defective work causes damage to other work.

In Fortney & Weygandt Inc. v. Am. Mfrs. Mutual Insur. Co., No. 05-4031 (Feb. 12, 2010), the Sixth Circuit joined the Fifth Circuit, and several states, by holding that a “your work” exclusion does not apply to the cost of replacing nondefective work that...
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