Many cases now making their way through the judicial system will clarify the Lennar Corp. v. Markel Am Ins. Co. Texas Supreme Court decision from a year ago. Attorneys should proceed with caution when addressing situations involving continuing injury construction defect matters.
According to the court opinion in Lennar, the claim by Lennar was for the cost to repair homes that had been damaged because of exterior insulation finishing system (EIFS) siding installed on the homes by Lennar. After the insurance company denied coverage, Lennar settled with the homeowners and later sued its insurers to recover the amount paid.
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