HATHAWAY DEV. v. AM. EMPIRE SURPLUS LINES

No. A09A1119.

686 S.E.2d 855 (2009)

HATHAWAY DEVELOPMENT COMPANY, INC. v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY.

Court of Appeals of Georgia.

November 16, 2009.


Attorney(s) appearing for the Case

Miller, Cowart & Howe, Craig N. Cowart, Macon, for appellant.

Locke, Lord, Bissell & Liddell, John Frederick Kane, J. David Hopkins III, Garrett L. Pendleton, Atlanta, for appellee.


BARNES, Judge.

The issue in this case is whether a general contractor can recover a judgment against its plumbing subcontractor from the insurance company that issued the subcontractor's commercial general liability (CGL) insurance policy. The trial court granted summary judgment to the insurer, and for the reasons that follow, we reverse.

"What constitutes property damage and an occurrence in the realm of construction defect claims against an insured general...

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