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Liberty Insurance Corp. v. Omni Construction Co., Inc.

Court: SD Tx  09/23/2022  Magistrate Recommends Finding of No Coverage for Construction Defect Arbitration Award

A magistrate of the Southern district recommended summary judgment be awarded in favor of commercial general liability insurer finding that choice of law analysis required the application of Ohio law which provides that liquidated and other economic damages for defective construction are not covered damages.

commercial general liability policy, motion for summary judgment, arbitration, Aloft Hotels, construction defect, choice of law, Article 21.42

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