Legal Opinion

Greystone Construction, Inc. v. National Fire & Marine Insurance

Court of Appeals for the Tenth Circuit

Decided November 1, 2011No. 09-1412PublishedCited by 55 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

This appeal requires us to consider whether property damage caused by a subcontractor’s faulty workmanship is an “occurrence” for purposes of a commercial general liability (CGL) insurance policy. We hold that because damage to property caused by poor workmanship is generally neither expected nor intended, it may qualify under Colorado law as an occurrence and liability coverage should apply.

This issue arises from the appeals by Greystone Construction, Inc., The Branan Company, and American Family Mutual Insurance Company (American) of the district court’s grant of…

2Cases cited48 opinions

  1. Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
  2. Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Insurance CompanySupreme Court of Pennsylvania · 2006
  3. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
  4. American Family Mutual Insurance v. American Girl, Inc.Wisconsin Supreme Court · 2004
  5. Hecla Mining Co. v. New Hampshire Insurance Co.Supreme Court of Colorado · 1991

43 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Cypress Point Condominium Association, inc v. Adria Towers, Llc(076348)Supreme Court of New Jersey · 2016
  2. Edens v. Netherlands InsuranceCourt of Appeals for the Tenth Circuit · 2016
  3. Rife v. Oklahoma Department of Public SafetyCourt of Appeals for the Tenth Circuit · 2017
  4. Cerveny v. Aventis, Inc.Court of Appeals for the Tenth Circuit · 2017
  5. K & L Homes, Inc. v. American Family Mutual Insurance Co.North Dakota Supreme Court · 2013

50 more not listed; retrieve them via the Exa API.

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