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U.S. 8th Cir: No CGL Cover for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its On-Going Operations

By Scott C. Turner, Attorney, Anderson Kill On May 20, the Eighth Circuit of the U.S. Court of Appeals issued its decision in Spirtas Co. v. Nautilus Ins. Co., --- F.3d ---- 2013 U.S. App. LEXIS 10031 (8 th Cir. 2013) (Mo. law) [ enhanced version available to lexis.com subscribers ], holding that...

Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist

By Scott C. Turner, Attorney, Anderson Kill SUMMARY: Wednesday, the Supreme Court of South Carolina issued its decision in Bennett & Bennett Const., Inc. v. Auto Owners Ins. Co. , 2013 S.C. LEXIS 170 (S.C. 2013), holding that Commercial General Liability (CGL) policy’s coverage for defective...

The Philosophical “Products Hazard” Case

There is just something about the Third Circuit’s decision in Allegheny Design Management, Inc. v. Travelers Indemnity Company, No. 13-4263 (3rd Cir. July 11, 2014), [ enhanced version available to lexis.com subscribers ], addressing whether property damage comes within the “products-completed...