Insurer Must Cover Condo Damage: 5th Circ.

Law360, New York (February 2, 2009, 12:00 AM EST) -- Finding that two business risk exclusions did not apply, the U.S. Court of Appeals for the Fifth Circuit has affirmed a ruling for a condominium developer seeking coverage under a general liability insurance policy for damage caused by a contractor’s faulty work.

The Fifth Circuit issued its opinion Wednesday determining that insurer Mid-Continent Casualty Co. can't use the exclusions to avoid paying for damages to condominium units caused by JHP Development Inc.’s failure to properly water-seal exterior finishes and retaining walls, even though such exclusions are...
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