Texas High Court Fortunately Says 'No' In Ewing

Law360, New York (January 17, 2014, 6:54 PM EST) -- In a long and highly anticipated decision issued Friday, the Texas Supreme Court held that a standard “contractual liability” exclusion does not void coverage for claims alleging that a contractor failed to construct a project in a “good and workmanlike manner” as required by the construction contract. The case is Ewing Construction Co. Inc. v. Amerisure Insurance Co.[1]

The standard commercial general liability (CGL) “contractual liability” exclusion and its exceptions — which are identical to those at issue in Ewing — state:

  This insurance does...
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