Ewing Construction Company, Incorporated v. Amerisure Insurance Company

How courts have described this case

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

• holding that a contractual liability exclusion did not apply to a claim based on a common-law duty to perform work with care and skill
• explaining that eight corners refers to the –4– four corners of the complaint and four corners of the insurance policy
• stating that “interpretations of contracts as a whole are favored so that none of the language in them 13 is rendered surplusage”
• holding negligent construction claim was “substantively the same” as claim for breach of implied warranty of good workmanship
• recognizing that “CGL policies are not performance bonds”
• finding no expansion of liability where allegation of failure to perform in a workmanlike manner was “substantively the same” as claim of negligent performance under the contract “because they contain the same factual allegations and alleged misconduct.”

Source: CourtListener parenthetical corpus (CC0).