Columbia Ins. Group v. Cenark Project Mgmt. Servs., Inc. (Majority, with Dissenting)Annotate this Case
Columbia Insurance Group, Inc. and Columbia Mutual Insurance Co. (collectively, Columbia) filed a complaint for declaratory judgment to determine Columbia’s obligations under the Commercial General Liability Insurance Policy (CGL policy) issued to its insureds, Arkansas Infrastructure, Inc. and David Barron (collectively, AII). Specifically, Columbia sought a declaration that it had no duty to defend or indemnify AII with respect to claims brought against AII in state court by Homeowners. A federal district court concluded that Columbia had an obligation to defend AII in the underlying suit. The district court then certified two questions of law to the Supreme Court, asking (1) whether faulty workmanship resulting in property damage to the work or work product of a third party constitutes an “occurrence," and (2) if so, and an action is brought in contract for property damage to the work or work product of a third party, whether any exclusion in the policy bars coverage for this property damage. The Supreme Court (1) reaffirmed the Court’s previous position that a CGL policy does not extend basic coverage for a claim of breach of contract; and (2) held that because there is no coverage under the policy in this case, the certified questions are moot.