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.   

Read  Fortney & Weygandt, Inc. v. Am. Mfrs. Mut. Ins. Co., No. 05-4031

Appellate Information

Argued: January 22, 2010

Decided and Filed: February 12, 2010

Judges

Opinion by Circuit Judge  Kethledge

Counsel

For Appellant:   Michael L. Fortney, Fortney & Klingshirn

For Appellee:    Kathleen A. Sweitzer, Tressler Soderstrom Maloney & Priess, LLP

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