Action Under Commercial Liability Policy

In Lexicon, Inc. v. ACE Am. Ins. Co., No. 10-1100, an action claiming that defendant-insurers were obligated under commercial general liability policies to cover certain property damage, the court affirmed in part summary judgment for defendants where the district court correctly held the insurers were not obligated to reimburse plaintiff for its reconstruction of its collapsed silo.  However, the court reversed in part where it was foreseeable that faulty subcontractor work would damage the silo, but not foreseeable that faulty subcontractor work would cause millions of dollars in collateral damage.

Related Resources

  • Read the Eighth Circuit’s Decision in Lexicon, Inc. v. ACE Am. Ins. Co., No. 10-1100

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