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Texas Supreme Court Limits The Scope Of The Contractual Liability Exclusion

On Friday, January 17, 2014, the Texas Supreme Court issued its opinion in Ewing Construction Company v. Amerisure Insurance Company?Çöholding that ?Ç£a general contractor who agrees to perform its construction work in a good and workmanlike manner, without more, . . . does not ?Çÿassume liability?ÇÖ for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion.?Ç¥ ?áA copy of the Court’s opinion can be found here. The case came to the Texas Supreme Court on certified questions from the Fifth Circuit Court of Appeals arising out of Ewing?ÇÖs request for defense and indemnity from Amerisure for underlying allegations of faulty construction of a school tennis court.?á The district court granted summary judgment for Amerisure, concluding that despite allegations of negligence, the underlying claims against Ewing were only contractual in nature.?á Moreover, Ewing?ÇÖs entry into a contract to build the underlying tennis court constituted the… Continue Reading

January 2014
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