Friedberg, et al. v. Chubb & Son, Inc., et al., No. 11-3603 (8th Cir. 2012)
Annotate this CasePlaintiffs sought coverage from their insurer for damage sustained to their home. After the insurer denied their claim, plaintiffs sued for declaratory relief. The district court granted the insurer's motion for summary judgment and plaintiffs appealed. The court affirmed the judgment and concluded that the policy exclusion for "any loss caused by" faulty construction was applicable and rejected plaintiffs' contention that the damage caused by the intrusion of water into their home was "an ensuing covered loss" for which they were owed coverage.
Court Description: Civil case - Insurance. Policy exclusion for any loss caused by faulty construction applied to plaintiff's loss as the faulty construction was the efficient and proximate, or overriding cause, of the damage; "ensuing loss" provision in the policy did not restore coverage as ensuing-loss provisions exclude from coverage the normal results of defective construction and only apply to distinct, separable ensuing losses; under Minnesota law, water damage attributable to faulty construction and resulting water intrusion is not a separable and distinct peril.
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