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Continuous Injury Exclusion Bars Coverage For Insured’s Defects, Judge Concludes

(November 2, 2016, 2:24 PM EDT) -- SACRAMENTO, Calif. — A “continuous or progressive injury” (CP) exclusion precludes coverage in most of the various underlying construction defects lawsuits filed against two insured subcontractors, a California federal judge ruled Oct. 31 (American Zurich Insurance Co., et al. v. Ironshore Specialty Insurance Co., No. 14-00060, E.D. Calif.; 2016 U.S. Dist. LEXIS 150684).

(Order available.  Document #69-161104-009R.)

In 2009, homeowners filed 10 lawsuits against Del Webb California Inc. in California superior courts, alleging various construction defects in a housing development.  On Oct. 12, 2010, Del Webb...
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