Uncrackable Construction Defects Exclusion

Law360, New York (December 1, 2011, 3:13 PM EST) -- Despite the significant burden insurers bear to prove exclusions to coverage, a recent decision from the United States District Court in Minnesota illustrates the power a well-drafted exclusion can have.

In Friedberg v. Chubb & Son Inc., No. 08-6476, (D. Minn. Oct. 25, 2011), the insured homeowners sought insurance coverage for extensive damage to their home’s exterior framing and insulation.

Water penetrating through defects in the house’s exterior cladding system had caused most of the damage. The homeowners claimed that Chubb Indemnity Insurance Company had responsibility...
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