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State Supreme Court rules General Contractor's insurance covers subcontractor's errors too

The Florida state Supreme Court's rulings came down similarly in two cases that were decided on the same day. It was ruled
that a subcontractor's faulty work is an "occurrence" under a general contractor's Commercial General Liability policy, and
coverage for its replacement is provided as long as it caused "Property Damage" under the policy.

The first case involved a homeowner's personal property that was damaged due to a subcontractor's improper soil preparation,
resulting in a damaged foundation, drywall, and parts of the home's interior.

The court concluded that the General Contractor's insurance policy shall provide coverage as long as the occurrence resulted in
"Property Damage."

"His case does not involve a claim for the cost of repairing the subcontractor's defective work, but rather a claim for repairing the
structural damage to the completed homes caused by the subcontractor's defective work. Specifically, it was the subsequent
soil settlement due to the subcontractor's faulty workmanship that caused the structural damage to the homes. Because there
was 'physical injury to tangible property,' we conclude that the structural damage to the homes is 'Property Damage' within the
meaning of the (contractors') policies," the court said.

The second case involved a General Contractor who built a multi-million dollar house. The subcontractor had installed windows
that leaked and caused Property Damage. The General Contractor's insurance company paid for the personal property loss but
refused to pay for repairing or replacing the windows.

In this case the court concluded no Property Damage resulted from the subcontractor's defective installation, and therefore there
was no coverage to be had on the contractor's insurance.

"Because the subcontractor's defective installation of the windows is not itself 'physical injury to tangible property,' there is no
'Property Damage' under the terms of the Contractor's General Liability policies. Accordingly, there is no coverage for the costs
of repair or replacement of the defective work."

U.S. Fire Insurance Co. vs. J.S.U.B., Inc.
Auto-Owners Insurance Co. vs. Pozzi Window Co.

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