CYPRESS POINT CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent,
v.
ADRIA TOWERS, L.L.C.; D. Loureiro Masonry Contractor; Dean Marchetto Associates, P.C.; Pereira Construction, L.L.C.; American Architectural Restoration; Metro Homes, L.L.C.; Commerce Construction Management, L.L.C.; Waterfront Management Systems, L.L.C.; NCF Glazing & Erecting, Inc.; and MDNA Framing, Inc., Defendants, and
Weather-Tite, Defendant/Third-Party Plaintiff, and
Pereira Construction, L.L.C.; and American Architectural Restoration, Third-Party Defendants, and
Evanston Insurance Company, Defendant/Third-Party Plaintiff-Appellant, and
National Indemnity Company, Third-Party Defendant, and
Crum & Forster Specialty Insurance Company, Third-Party Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued April 25, 2016.
Decided August 4, 2016.
Attorney(s) appearing for the Case
Elliott Abrutyn argued the cause for appellant Evanston Insurance Company (Morgan Melhuish Abrutyn, attorneys; Mr. Abrutyn and Thomas G. Rantas , Livingston, on the briefs).
Gary S. Kull argued the cause for appellant Crum & Forster Specialty Insurance Company (Carroll McNulty Kull and Hardin, Kundla, McKeon & Poletto, attorneys; Mr. Kull and John S. Favate , of counsel; Mr. Kull, Mr. Favate, Denise Marra DePekary , Basking Ridge, and Arthur A. Povelones, Jr. , Springfield, on the briefs).
John Randy Sawyer argued the cause for amicus curiae Community Association Institute (Stark & Stark, attorneys; Mr. Sawyer and Gene Markin , Lawrenceville, on the brief).
John P. DiBiasi , Saddle River, submitted a brief on behalf of amici curiae Associated General Contractors of America and Associated Construction Contractors of New Jersey (Lewis & McKenna, attorneys; Patrick J. Wielinski , a member of the Texas Bar, of counsel).
Carlton T. Spiller , Ellen A. Silver , and Steven B. Gladis , Iselin, submitted a brief on behalf of amici curiae National Association of Home Builders, New Jersey Builders Association, and Leading Builders of America (Greenbaum, Rowe, Smith & Davis, attorneys).
JusticeSOLOMON delivered the opinion of the Court.
In this appeal, we are called upon to determine whether rain water damage caused by a subcontractor's faulty workmanship constitutes "property damage" and an "occurrence" under a property developer's commercial general liability ("CGL") insurance policy...
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