Heffernan & Co. v. Hartford Insurance Co. of America

WIEAND, Judge:

In this declaratory judgment action, the trial court entered a summary judgment directing that Hartford Insurance Company (Hartford) provide a defense to its insured, Heffernan & Company, in an action filed against the insured by a third party for damages resulting from the collapse of the roof of a building which had been constructed by Heffernan & Company. Hartford appealed. It contends that the policy excludes coverage for damages to work performed by the insured.

In a 1983 action against Heffernan & Company, averments of the complaint asserted that a collapse of a gymnasium…