Panel Reverses Ruling On Extracontractual Damages In Defects Insurance Case

Mealey's (August 31, 2018, 11:41 AM EDT) -- NEW ORLEANS — In light of a recent Texas high court decision, the Fifth Circuit U.S. Court of Appeals on Aug. 29 reversed a lower court’s denial of a contractor’s claim for extracontractual damages but affirmed a ruling that a subcontractor’s insurer had a duty to defend the contractor as an additional insured in a construction defects lawsuit (Lyda Swinerton Builders Inc. v. Oklahoma Surety Co., No. 16-20195, 5th Cir., 2018 U.S. App. LEXIS 24568)....