GREYSTONE CONST. v. NATIONAL FIRE & MARINE INS.

No. 09-1412.

661 F.3d 1272 (2011)

GREYSTONE CONSTRUCTION, INC., Peter J. Hamilton, the Branan Company, Carl K. Branan, Michael C. Branan, and American Family Mutual Insurance Company, Plaintiffs-Appellants, v. NATIONAL FIRE & MARINE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 2011.


Attorney(s) appearing for the Case

L. Kathleen Chaney , Lamdin & Chaney, LLP, Denver, CO, for Appellants.

Peter J. Morgan ( Evan P. Lee with him on the brief) Baldwin Morgan & Rider, P.C., Denver, CO, for Appellee.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

This appeal requires us to consider whether property damage caused by a subcontractor's faulty workmanship is an "occurrence" for purposes of a commercial general liability (CGL) insurance policy. We hold that because damage to property caused by poor workmanship is generally neither expected nor intended, it may qualify under Colorado law as an occurrence and liability coverage should apply.

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