B & T Masonry Construction Co. v. Public Service Mutual Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the business risk exclusions \bar coverage as to any damages to the project itself caused by [the subcontractor's] faulty workmanship\
• assuming that issues were forfeited, rather than waived, and reviewing them for plain error
• \Advancing one theory in the trial court and jettisoning it in favor of another (previously unarticulated) theory in the court - 18 - of appeals . . . . violates a prudential principle firmly embedded in our jurisprudence . . . .\
• “To the extent (if at all) that any ambiguity permeates a policy exclusion, it must be construed strictly against the insurer.’’
• “[A]ny ambiguity [that] permeates a policy exclusion . . . must be construed strictly against the insurer.”
• \The insured bears the initial burden of showing coverage under the policy's insuring agreements.\ (citing Highlands Ins. Co. v. Aerovox Inc., 676 N.E.2d 801, 804 (Mass. 1997))

Source: CourtListener parenthetical corpus (CC0).