Hathaway Development Co. v. American Empire Surplus Lines Insurance Co.

Barnes, Judge.

The issue in this case is whether a general contractor can recover a judgment against its plumbing subcontractor from the insurance company that issued the subcontractor’s commercial general liability (CGL) insurance policy. The trial court granted summary judgment to the insurer, and for the reasons that follow, we reverse.

“What constitutes property damage and an occurrence in the realm of construction defect claims against an insured general contractor for the acts and/or omissions of its subcontractors are perhaps the most litigated insurance issues over the last several…