Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages

Blake A. Dillion, Jared DeJong and Scott S. Thomas | Payne & Fears Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue there is no coverage for so-called “tear-out” or “rip-and-tear” damages, where… Continue reading Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages

Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds

Timothy Carroll and Anthony Miscioscia | White and Williams The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the surrounding property into which the lumber was integrated. Such circumstances — not uncommon in the… Continue reading Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds

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