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Mt. Hawley Insurance Co. v. Slay Engineering

Court: WD Tx  08/15/2018  District Court Holds that Your Work and Breach of Contract Exclusions did not Preclude an Insurer's Duty to Defend

A court of the Western District of Texas granted summary judgment in favor of an insured and against its commercial liability insurer finding the insurer had a duty to defend a general contractor in a construction defect case, where the policy's "your work" exclusion may not apply because of the subcontractor exception, and the breach of contract exclusion did not apply because other non-excluded causes of the property damage were alleged.

commercial general liability policy, construction defect claims, duty to defend, duty to indemnify, eight-corners rule, your work exclusion, subcontractor exception, breach of contract exclusion

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