Wilshire Ins. Co. v. RJT Const., LLC, 08-50925
In an action by an insurer seeking a declaration that it had no duty to defend an underlying construction dispute, judgment for Plaintiff is reversed where: 1) the complaint alleged that property damage occurred during the policy period; and 2) the policy's "your work" exclusion did not preclude coverage for damage to the parts of the house resulting from the allegedly faulty foundation.
- Decided 08/26/2009
- Published 08/26/2009
PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.
United States Fifth Circuit
Katherine D. Mackillop (argued), Edward B. Adams, Fulbright & Jaworski, L.L.P., Houston, TX, for Wilshire Ins. Co., Leonard W. Woods (argued), Jackson Walker, L.L.P., Austin, TX, for RTJ Constr., LLC.