Expected Injury Exclusion Does Not Bar Insured’s Duty To Indemnify, Judge Finds
(August 12, 2015, 10:34 AM EDT) -- NEW HAVEN, Conn. — A commercial general liability insurer has a duty to indemnify its insured for damages caused by its defectively produced shotcrete in the construction of swimming pools, a Connecticut federal judge ruled Aug. 7, finding that the expected or intended injury exclusion injury does not bar coverage (Harleysville Worcester Insurance Co. v. Paramount Concrete, et al., No. 11-578, D. Conn.; 2015 U.S. Dist. LEXIS 104869).
(Memorandum of decision available. Document #69-150914-007Z.)
In May 2009, R.I. Pools Inc. filed a products liability lawsuit in...