Texas High Court: Insured Did Not Trigger Contractual Liability Exclusion In Policy

Texas High Court: Insured Did Not Trigger Contractual Liability Exclusion In Policy

AUSTIN, Texas - A general contractor that agrees to perform its construction work in a good and workmanlike manner, without more, does not enlarge its duty to exercise ordinary care in fulfilling its contract; therefore, it does not "assume liability" for damages arising out of its defective work so as to trigger the contractual liability exclusion under a commercial general liability insurance policy, the Texas Supreme Court ruled Jan. 17 (Ewing Construction Company Inc. v. Amerisure Insurance Co., No. 12-0661, Texas Sup.; 2014 Tex. LEXIS 39).

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