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Tag Archives: Insurance

A fresh look at the economic-loss rule in the post-Crossmann era (access required)

The recent Supreme Court case Crossmannn Communities v. Harleysville Mutual Insurance has created a stir in the construction litigation world. Crossmann appears to be an attempt to finally settle the issue of coverage under a CGL policy for damages resulting from faulty workmanship. In addition to explaining the basic holding and reasoning of the court, this article examines the connection between the court's coverage determination and the legal doctrine that separates tort and contract recovery in construction defect litigation.

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Defects covered? No, says the Supreme Court in its latest CGL coverage decision (access required)

One word stopped Myrtle Beach condo developers from getting an insurance company to pay their commercial general liability claim for damages arising from a multi-million-dollar settlement in a construction-defects suit. It was the policy term "occurrence." But it was how the state Supreme Court's interpreted "occurrence" that really bothered David Miller, a lawyer for development company Crossmann/Beazer Homes.

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Contract – Insurance – Indemnity – Real Property – Developer & Contractor – Negligence – S.C. Code Ann. § 32-2-10 – First Impression – Completed Work (access required)

Standard Pacific of the Carolinas, LLC v. Amerisure Insurance Co. Even though the contract between the plaintiff-developer and its contractor required the contractor to indemnify the developer, since the contractor only agreed to indemnify . . .

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