Cincinnati Ins. Co. v. Beazer Homes Inv., LLC, No. 08-5967

In plaintiff-insurance company's declaratory-judgment action to establish that it was not obligated to cover the costs that defendant incurred in repairing water damage to several houses that defendant had built as a general contractor, grant of 's judgment on the pleadings is affirmed where: 1) collateral estoppel is not applicable to the case and plaintiff is free to contest whether the policies cover the costs that defendant incurred; 2) a general contractor cannot claim CGL insurance coverage for the costs it incurs in repairing houses that are subsequently damaged due to the faulty workmanship of its own subcontractors; and 3) the district court's consideration of an alleged fungus exclusion was harmless.     

Read Cincinnati Ins. Co. v. Beazer Homes Inv., LLC, No. 08-5967

Appellate Information

Argued: November 30, 2009

Decided and Filed: February 4, 2010

Judges

Opinion by Circuit Judge  Gilman

Counsel

For Appellant:  Martin M. McNerney, King & Spalding LLP

For Appellee:  Kimberly A. Kyle, Kohnen & Patton LLP