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1325 North Van Buren5/17/2005
the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
....
* "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time the physical injury that caused it; or
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it.
* "Your product" means:
a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(1) You;
(2) Others trading under your name;
(3) A person or organization whose business or assets you have acquired; and
b. Containers (other than vessels), materials, parts or equipment furnished in connection with such goods or products.
"Your product" includes:
a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
b. The providing of or failure to provide warnings or instructions.
....
* "Your work" means:
a. Work or operations performed by you or on your behalf; and
b. Materials, parts or equipment furnished in connection with such work or operations.
"Your work" includes:
a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or used of "your work"; and
b. The providing of or failure to provide warnings or instructions.
First, we must examine the grant of coverage. As noted above, the Indiana policy provides that it will cover damages that T-3 becomes legally obligated to pay resulting from "property damage" caused by an "occurrence" that takes place in the coverage area during the policy period. The policy defines "property damage" as, among other things, " hysical injury to tangible property, including all resulting loss of use of that property." Here, 1325 alleges a considerable amount of physical injury to tangible property--"a concrete slab smashed into an existing ceiling that was not being modified as part of the renovation and then punched through a newly completed shear wall on the next floor of the building, rendering it useless"; "subcontractor demolishing an existing staircase on the west side of the building failed to adequately brace the second floor opening created by the removal, causing the reinforced concrete at the north side of the opening to sag and require structural bracing"; damage to already-installed work of other subcontractors; fabricated steel pieces run over by construction equipment; "demolition subcontractor ... used a piece of equipment with a hammer attachment that did not stop at breaking out of the top layer of concrete, and instead broke completely through the reinforced concrete leaving holes completely through the slab in flooring that was otherwise not to be altered by the construction of the project"--that appears to initially satisfy the property damage requirement.
The property damage, however, must be caused by an "occurrence." As indicated above, "occurrence" means "an accident, including continuous or repeated exposure to substantially the same general harmful conditions." "Accident" is not otherwise defined in the policy, but the incidents described above must surely be considered accidents. Words in a policy should be given th
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