McDonald Construction Co. v. Bituminous Casualty Corp.

How courts have described this case

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

• finding that a CGL policy was not designed to “cover [the insured’s] costs of complying with a known, pre-existing contractual obligation which, if not addressed, might potentially expose the company to tort liability sometime in the future”
• finding no coverage where an insured’s costs arose from a “pre-existing contractual obligation”
• interpretation of contract and the rights and obligations of parties thereunder may involve mixed question of law and fact
• costs to remove defective flooring and cost of testing materials to determine the cause of the defect considered costs associated with repairing and replacing insured’s faulty work, and therefore not covered under CGL policy
• case involved only contract claims, not negligence claims

Source: CourtListener parenthetical corpus (CC0).