Tred R. Eyerly | Insurance Law Hawaii | April 22, 2019
The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019).
Contractor Skanska United States Building was the construction manager on a renovation project for the medical center. The heating and cooling portion of the project was subcontracted to M.A.P. Mechanical Contractors (MAP). MAP had a CGL policy from Amerisure Insurance Company. Skanska and the medical center were named as additional insureds on the policy.
After installation of the steam boiler and related piping, it was discovered that the heating system did not function property. Skanska discovered that MAP had installed some of the expansion joints backward, causing damage to concrete, steel, and heating system. The medical center sent a demand to MAP. Skanska performed the repairs and replaced the damaged property. Skanska then submitted a claim to Amerisure, which was denied.
Skanska filed suit against MAP and Amerisure. The trial court denied Amerisure’s motion for summary judgment. The court found that the parties injured by MAP’s negligence did not anticipate, foresee or expect backward expansion joints or property damage to the entire length of the underground steam lines. Michigan courts had consistently focused on the particular property damaged to determine whether an “occurrence” had happened. The unforeseen incident meant an “occurrence” may have happened, which triggered Amerisure’s duty of coverage.
The court of appeals found that the trial court had erred. It was well established that an “occurrence’ could not include damages for the insured’s own faulty workmanship. Consequently, there was no “occurrence” here. Amerisure presented evidence to demonstrate that all of the repair and replacement work was within the scope of Skanska’s original project. Once Amerisure presented this evidence, the burden shifted to Skanska to present evidence that the repair and replacement work included tasks or property beyond the scope of the original project.
Amerisure was entitled to judgment as a matter of law because coverage was not triggered due to lack of an “occurrence” and there were no genuine issues of material fact that the only damage was to Skanska’s own work product, or that of its subcontractor.