DONOVAN v. COMMERCIAL UNION INSURANCE COMPANY

No. 96-P-1443.

44 Mass. App. Ct. 596 (1998)

JOHN J. DONOVAN, trustee, v. COMMERCIAL UNION INSURANCE COMPANY.

Court of Appeals of Massachusetts, Barnstable.

April 15, 1998.


Attorney(s) appearing for the Case

Kevin M. Orme for the plaintiff.

Richard R. Eurich (Carol A. Griffin with him) for the defendant.

Present: WARNER, C.J., KAPLAN, & SPINA, JJ.


KAPLAN, J.

We affirm the decision of a Superior Court judge that on the present facts a "faulty workmanship" exclusion in a comprehensive general liability (CGL) policy with broad form CGL endorsement absolved the insurer of liability for the cost of replacement of property made necessary by faulty workmanship of a subcontractor on behalf of the insured general contractor. The decision will be elucidated by a narrative of the litigation that led to it.

Donovan...

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