Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

Businessman fighting wall

The HOA's allegations concerning defects in the retaining wall fell within the exclusion.

August 4, 2021
Tred R. Eyerly - Insurance Law Hawaii

The exclusion for suits arising out of construction of condominiums encompassed the underlying claim for faulty construction of a retaining wall. HT Serv., LLC v. Western Heritage Ins. Co., 2021 U.S. App. LEXIS 16259 (10th Cir. June 1, 2021).

HT Services was a land developer. HT Services designed and constructed a residential community. The AOAO sued HT Services for negligent design and construction of a retaining wall. When its carrier, Western Heritage Insurance Company, denied coverage, HT Services sued. The district court granted summary judgment to Western.

The exclusion eliminated coverage for claims or suits "arising out of, relating to or in any way connected with 'your operations' . . . involving the development [or] construction . . . of . . . condominiums . . . or . . . residential structures." HT Services argued that a retaining wall was not a "residential structure."

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


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