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· 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 CourtListener

Sourced 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.