· 2/13/1984
Continental Casualty Co. v. Gilbane Building Co.
Citations
- 461 N.E.2d 209
- 391 Mass. 143
- 1984 Mass. LEXIS 1371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where street was closed due to glass falling from nearby high-rise, restaurant rendered inaccessible to public could state claim for coverage by contractor’s liability insurer for loss of use damages
- concluding that an occurrence takes place not when a wrongful act was committed, but rather when the complainant experiences the damage, in a construction case
- suggesting that loss-of-use damages could be measured by economic harm resulting from inability to access restaurant impacted by street closure
- rejecting insurer’s interpretation that a second episode of structural damage to a building was an extension of an earlier incident of breakage
- “We read the policy as written. We are not free to revise it or change the order of the words.”
- “Tangible property rendered useless is injured and hence covered, since the definition of damages includes ‘loss of use of property resulting from property damage.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Liacos, Abrams, Nolan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.