This is PART TWO of a post begun on August 5, 2009.
Things changed in Florida Insurance Law in December, 2007, mirroring a change in Insurance Law across the nation.
That is at least partly because the relevant CGL Exclusion for Damage to Property changed. The post-1986 standard CGL Coverage Form presently in use provides in relevant part that although there is still an Exclusion for Property Damage to the insured's work arising out of it or any part of it, this Exclusion does not apply if the work in question was performed on the insured's behalf by a subcontractor.
With this change in language, Insurance Coverage was extended in Florida to general contractors under their CGL Policies in cases presenting facts which earlier resulted in judgments of no coverage. E.g., Auto-Owners Insurance Co. v. Pozzi Window Co. (Fla. Dec. 20, 2007, withdrawn and revised opinion substituted on June 12, 2008); United States Fire Insurance Co. v. J.S.U.B., Inc. (Fla. Dec. 20, 2007). Other Courts in other jurisdictions have disagreed with parts of the Florida experience.
NEXT: Applying these and other rules of Insurance Law to CHINESE DRYWALL CLAIMS.
THIS IS PART TWO. Please Read The Disclaimer.
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