Judge: ‘Impaired Property’ Exclusion Does Not Bar Insured’s Coverage In Collapse
(September 15, 2015, 12:26 PM EDT) -- PIKEVILLE, Ky. — The “impaired property” exclusion in a commercial general liability insurance policy does not preclude coverage for a road collapse, a Kentucky federal judge ruled Sept. 14, finding that to the extent that an insured is liable for faulty workmanship in constructing the road, the insured is covered (American Towers LLC v. BPI Inc., et al., No. 12-139, E.D. Ky.; 2015 U.S. Dist. LEXIS 121921).
(Memorandum opinion and order available. Document #69-151002-012Z.)
Under Kentucky law, U.S. Judge Amul R. Thapar of the Eastern District...