Lamar Homes, Inc. v. Mid-Continent Casualty Co.

in which Chief Justice JEFFERSON, Justice O’NEILL, Justice WAINWRIGHT, Justice GREEN, and Justice JOHNSON joined.

This - case comes to us on certified questions from the United States Court of Appeals for the Fifth Circuit asking whether an insurer under a commercial general liability (“CGL”) policy has a duty to defend its insured, a homebuilder, against a homebuyer’s claims of defective construction. The Fifth Circuit has certified three questions for our consideration:

1. When a homebuyer sues his general contractor for construction defects and alleges only damage to or loss of use of the…