Is My Drywall Chinese? - HB Litigation Conferences

OCCURRENCE
“Property Damage”
“Physical injury to tangible property”
“Loss of use of tangible property that has not
been physically injured”
“Occurrence”
“An accident, including continuous or repeated
exposure to substantially the same general
harmful conditions”
Courts: damage is accidental if not expected or
intended by the policyholder
OCCURRENCE
Minority view:
Property damage: must be to property other than
the builder’s work – the house
Occurrence: faulty work or faulty materials is not
accidental
Builder expects or intends resulting property
damage
Breach of contract claims are not covered
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