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· 8/22/2011

Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance

Citations

  • 717 S.E.2d 589
  • 395 S.C. 40
  • 2011 S.C. LEXIS 277

How courts have described this case

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

  • holding that faulty workmanship on exteriors of condominium projects that resulted in water damage to nondefective interiors was an “occurrence,” notwithstanding that insureds were the developers of the projects
  • finding that damage caused by allegedly negligent construction constituted “property damage” and occurred at the time of the negligence
  • clarifying that “negligent or defective construction resulting in damage to otherwise non-defective components may constitute ‘property damage,’ but the defective construction would not”
  • stating that the question before the court was whether the party’s claims involved an “occurrence”; the parties stipulated the claims involved property damage and the parties would not argue any policy exclusions
  • adopting \time-on-risk\ approach to \forward[ ] important policy goals\ and preserve incentive for business to purchase sufficient insurance, promoting stability in insurance market
  • rejecting the \joint and several\ allocation approach because, inter alia, that approach ignores \critical language\ limiting the insurer's indemnity obligation to those losses occurring during the policy period

Source: CourtListener parenthetical corpus (CC0).

Judges: Kittredge, Toal, Pleicones, Beatty, Hearn

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.