· 8/2/2000
Alton Ochsner Medical Foundation v. Allendale Mutual Insurance
Citations
- 219 F.3d 501
- 2000 U.S. App. LEXIS 18371
- 2000 WL 987007
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an all-risk policy would cover damages sustained when insufficiently secured arches blew down in wind, as wind was an intervening cause that combined with defective workmanship to trigger damage
- resulting loss clause generally applies only to damage that \result[s] fortuitously from events extraneous to the construction process\ (quotation omitted) (applying Louisiana law)
- “[E]nsuing loss provisions . . . preserve coverage for damage different in kind from the defective workmanship that caused it.”
- ensuing loss clause generally applies only to damage that “result[s] fortuitously from events extraneous to the construction process”
- “To fall back within coverage as ‘resulting physical damage,’ the policy contemplates damage that is different in kind, not merely different in degree.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Stewart, Rosenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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