United States Second Circuit

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Scottsdale Insurance Co. v. R.I. Pools Inc., 11-3529

Summary judgment in favor of plaintiff insurer in insurance coverage dispute with respect to suits brought against defendant insured by purchasers of swimming pools for damage the purchasers sustained when cracks developed in their pools, is vacated and remand, where: 1) the district court erred in ruling that defects in the insured's work are not within the scope of an "occurrence" and never considered the crucial question whether the defects come within the subcontractor exception to the express exclusion for the insured's own work; and 2) it is apparent that the damage to the pools caused by the cracked concrete falls possibly within the coverage of the policies, and thus, the insurer has a duty to defend; and 3) plaintiff has not shown entitlement to any reimbursement for defense costs it previously expended.

Appellate Information

  • Decided 03/21/2013
  • Published 03/21/2013

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel

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