Insurer Must Defend Insured Against Construction Defect Claims

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The Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law.

November 14, 2018
Tred R. Eyerly - Insurance Law Hawaii

Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018).

Huser Construction had a CGL policy issued by Mt. Hawley Insurance Company. Huser contracted to design and construct a municipal sports complex with the City of Jourdanton. The project consisted of four baseball fields, a softball field, parking lots and swimming pool. Huser subcontracted with Cody Pools, Inc. to design and build the swimming pool. Huser also subcontracted with Q-Haul, Inc. to perform earth work, grading and storm drainage work at the site.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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