Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hartrick v. Great American Lloyds Insurance Company

Determining whether an injury is accidental inquires into both the insured's intent and the reasonably foreseeable effect or consequences of the insured's conduct; to be accidental, an effect could not reasonably have been anticipated from the conduct that produced it, and the insured cannot be charged with the design of producing the effect.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION ON MOTION FOR REHEARING

Appellants, Janice K. Hartrick and C. Michael Cathey, have filed a motion for rehearing and motion for rehearing en banc. We deny rehearing, but withdraw our opinion and judgment of August 17, 2000, and issue this new opinion in its stead. Accordingly, we deny the motion for rehearing en banc as moot. *fn2

This is an insurance coverage case, decided on cross-motions for summary judgment, in which the trial court construed a commercial general liability policy in favor of appellee, Great American Lloyds Insurance Company (Great American), and against Hartrick and Cathey. Hartrick and Cathey had purchased a house built by Great American’s insured, Claremont Building Corporation. After discovering construction defects in the house, Hartrick and Cathey sued Claremont and recovered a jury verdict and $145,000 judgment for Claremont’s breach of its implied warranties of good and workmanlike construction and suitability for habitation. Hartrick and Cathey then sued Great American in this action, as assignees of Claremont’s policy with Great American, seeking indemnity for the judgment in the underlying case. The trial court found no coverage, and rendered summary judgment in favor of Great American. We address whether Claremont’s liability for defective construction work triggered an “occurrence” under the Great American policy. We conclude it did not and affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs