Sheehan Construction Co. v. Continental Casualty Co.

I respectfully dissent from the denial of Continental Casualty Company’s Petition for Rehearing because I continue to believe that damage caused by faulty workmanship is not covered under a CGL policy-

The United States Court of Appeals for the Sixth Circuit, in a diversity case, addressed this precise issue of Indiana law earlier this year in Cincinnati Insurance Co. v. Beazer Homes Investments, LLC, 594 F.3d 441 (6th Cir.2010), vacated, 399 Fed.Appx. 49 (6th Cir.2010). In that case, a general contractor sought coverage under CGL policies for damage to the insured property that resulted from…