United States Sixth Circuit

In a general contractor's suit against its insurers claiming that they had a duty to defend it in third-party litigation arising out of a construction dispute, judgment in favor of defendants is reversed as the exclusion provision at issue applies only to the cost of repairing or replacing distinct component parts on which the insured performed defective work.

Appellate Information

• Argued 01/22/2010
• Decided 02/12/2010
• Published 02/12/2010

Judges

• Before: GUY, CLAY, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael L. Fortney, Fortney & Klingshirn, Akron, Ohio, for Appellant. Kathleen A. Sweitzer, Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, Illinois, for Appellees. ON BRIEF:Michael L. Fortney, Joseph R. Spoonster III, Fortney & Klingshirn, Akron, Ohio, for Appellant. Kathleen A. Sweitzer, Mark T. Banovetz, Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, Illinois, Brian D. Sullivan, Reminger Co., LPA, Cleveland, Ohio, for Appellees.