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Siplast, Inc. v. Employers Mutual Casualty Co.

Court: 5th Cir  01/11/2022  Fifth Circuit Finds Duty to Defend in Defective Roof Dispute

The Fifth Circuit Court of Appeals reversed the district court's summary judgment ruling in favor of commercial liability insurer, holding district court erred in finding "Your Product/Your Work" exclusion applied to preclude duty to defend roofing manufacturer from claims by purchaser of roof relating to failure of roof and water intrusion, finding that construed liberally the underlying complaint alleged damage to property other than the roof sold by the insured, and further held that the pertinent complaint alleged an occurrence and that the contractual liability exclusion did not apply, and therefore rendered judgment that insurer had a duty to defend.

commercial general liability policy, duty to defend, summary judgment, eight-corners rule, your product, your work, exclusion, liberally construed, occurrence, contractual liability exclusion

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