Forster v. State Farm Fire & Casualty Co.

Negligently performed faulty workmanship, which damages other property, may constitute an occurrence under the property insurance policies at issue.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Robert A. Forster, M. D., appeals the trial court’s grant of summary judgment to State Farm Fire & Casualty Company in a declaratory judgment action filed by the insurer to determine its rights and obligations in relation to a lawsuit filed against Forster by John and Andrea Goldberg. The Goldbergs’ suit seeks damages in connection with Forster’s renovation and sale of a house. “We review the trial court’s grant of summary judgment to determine whether the evidence demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Punctuation and footnote omitted. Tookes v. Murray , 297 Ga. App. 765 678 SE2d 209 2009. Moreover “on appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.” Citations omitted. McCaskill v. Carillo , 263 Ga. App. 890 589 SE2d 582 2003.

So viewed, the record shows that on or about December 15, 2005, Forster purchased the house at issue, which he planned to renovate and then to either rent, sell or occupy. At the time of purchase, he consulted his State Farm agent about the insurance he would need in connection with these plans. At the agent’s recommendation, he purchased a Rental Dwelling Policy “RDP”, which would be linked to Forster’s pre-existing Personal Liability Umbrella Policy “PLUP” also held through State Farm. A short time after Forster purchased the house, the Goldbergs expressed an interest in buying it, and on February 19, 2006, the parties entered into a “New Construction Purchase and Sale Agreement” under which Forster agreed to renovate the house and the Goldbergs agreed to buy it.

Forster v. State Farm Fire & Casualty Co.

Negligently performed faulty workmanship, which damages other property, may constitute an occurrence under the property insurance policies at issue.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report