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Vol. 6, Iss. 2
February 13, 2017

For those who follow Pennsylvania Construction Defect Coverage
Pennsylvania CD followers will know what this means: In Quality Stone Veneer v. Selective Insurance Company, No. 15-6509 (E.D. Pa. Jan. 23, 2017) the court addressed Kvaerner and Gambone at length and then concluded that Indalex did not apply as an exception: “In sum, the underlying claims against QSV are based solely on allegations of faulty workmanship. None of the allegations are product-liability based. Nor do they allege, in any way, that QSV’s product (the stone veneer) actively malfunctioned. Rather, the allegations state that QSV did a poor job installing the stone veneer. Because such allegations, and the resulting damages, do not constitute a fortuitous ‘accident,’ there is no ‘occurrence’ under the CGL policy.” [Disclosure: The insurer was represented by lawyers from White and Williams.]

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