Pennsylvania Nat'l Mutual Cas. Ins. Co. v. St. Catherine of Sienna Parish, No. 14-12151 (11th Cir. 2015)
Annotate this CaseThe Parish filed suit against Kiker, alleging that Kiker breached the implied warranty in the parties' contract to repair Parish's roof using reasonable skill. At issue was whether Penn National has a duty to indemnify its insured, Kiker, with respect to a judgment Parish obtained against Kiker for breach of contract. The court concluded that, because the conduct that caused damage to the Parish was accidental, the damage is covered under the policy. The court also held that the contractual liability exclusion is inapplicable in this case and therefore, the district court erred in granting Penn National's summary judgment motion and denying the Parish's motion. Accordingly, the court reversed and remanded.
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