9th Circ. Flips Travelers' Loss In Construction Damage Suit

Law360 (August 17, 2020, 6:11 PM EDT) -- The Ninth Circuit reversed a lower court's ruling compelling Travelers Property Casualty Company of America to cover Engineered Structures Inc.'s repair costs for a Fred Meyer fueling station, saying the lower court wrongly held that the policy's construction defect exclusion doesn't apply.

In an unpublished opinion Monday, a three-judge panel said that the Idaho district court erred in holding that Travelers' policy exclusion is ambiguous and ruling in ESI's favor for coverage. The panel said that the construction company failed to show that it is entitled to benefits, partially reversing the ruling and remanding the case back to the lower court....

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