The Importance Of 'The' In Crafting Insurance Exclusions
Law360, New York (September 8, 2015, 3:53 PM EDT) -- A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work. Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage for property damage, if an insured "knew that the ... damage had occurred, in whole or in part." In 2007, the project's general contractor sued the mason, claiming that defects in his work had caused the property damage that was the subject of a suit by the project's residents. The mason's insurer denied coverage, and a federal district court supported its decision. But in Kaady v. Mid-Continent Casualty Co., No. 13-35036 (9th Cir. June 25, 2015), the U.S. Court of Appeals for the Ninth Circuit held that the policy's "known-loss" exclusion might have been drafted too narrowly to cover the facts of this case....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.