Maxum Indem. Co. v. Jimenez

Maxum Indemnity Company filed an action against its insured, Jose Alfredo Jimenez, and a claimant, Gill Plumbing Company, seeking a declaratory judgment that its commercial general liability “CGL” policy did not afford coverage for liability associated with Jimenez’s negligent pipe installation on a construction project that resulted in property damage to a dormitory at Georgia Southern University. The parties filed cross motions for summary judgment on the coverage issues. The trial court denied Maxum’s motion, and granted Gill Plumbing’s and Jimenez’s motion, finding that the CGL policy provided coverage for the underlying claim. Maxum appeals, contending that the trial court erred in granting summary judgment in favor of Gill Plumbing and Jimenez since i the underlying claim did not fall within the policy’s coverage for “property damage” caused by an “occurrence;” ii the underlying claim did not fall within the “insured contract” exception to the “Contractual Liability” exclusion in the policy; and iii coverage was barred under the policy’s “Contractor’s Limitation Endorsement.” We discern no error and affirm.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c.”