 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Biltmore Construction Co.3/21/2003
must be resolved against the insurer and in favor of the insured." Id. Here, the allegation that there was damage due to severe water infiltration could obviously include damage to property other than the improperly constructed windows and exterior walls, as it could include damage to carpeting and drywall. Therefore, there was potential coverage under the policy, and Owners had a duty to defend the claim.
Additionally, there is an exception to paragraph six of the exclusions, which provides that the exclusion does not apply to a completed product. Owners argues that this exception does not apply to create coverage here because there was no allegation in Bayshore's complaint that the defective work caused damage to a completed project. We disagree. The complaint specifically reads, " ince the date of substantial completion, plaintiff has experienced severe water infiltration problems at the project through and around the windows and through the exterior elastomeric coating and stucco." Therefore, as the complaint alleged damage to a completed product, the exception to the exclusion applied, and Owners was obligated under the insurance agreement to provide a defense to count two of Bayshore's complaint. Thereafter, if it were learned during discovery that there was no coverage under the policy, Owners could have moved to withdraw.
Accordingly, we reverse and remand this cause for further proceedings consistent with this opinion.
Reversed.
STRINGER and COVINGTON, JJ., Concur.
Page 1 2 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|