Friday, April 22, 2022

No Duty to Defend or Indemnify Found Relative to Alleged Faulty Workmanship in a Home Construction Case

In the case of Main St. Am. Assurance Co. v. Conolly Contractors, Inc., No. 2:19-CV-04241-JHS (E.D. Pa. Feb. 28, 2022 Slomsky, J.), the court granted the carrier’s Motion for Judgment on the Pleadings in its declaratory judgment action.

The issue in this case is whether the carrier had a duty to defend and indemnify a contractor or builder who was sued by homeowners for alleged home construction defects.

The court found that the carrier had no duty to defend and indemnify because the homeowners’ claims of faulty workmanship did not allege that the property damage was caused by an “occurrence” as required by the contractor’s policy of insurance.

The court additionally found that the builder was not listed as an additional insured under the contractor’s policies.

As such, the carrier’s Motion for Judgment on the Pleadings in this declaratory judgment was granted.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (March 24, 2022).

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