Pennsylvania National Mutual Casualty Insurance Company v. St. Catherine Of Siena Parish, et al., 790 F.3d 1173 (11th Cir. 2015)
Jun 10, 2015OUTCOME: Reversal in Favor of St. Catherine of Siena Parish
At trial a jury found for St. Catherine’s Church and awarded it repair costs required to remove the existing faulty shingles, repair the underlying roof deck and interior ceilings, and reinstall the ro ... of and shingles. The Contractor’s Insurer, Penn National, subsequently filed a coverage action in Federal Court arguing it had no duty to indemnify the Contractor based upon a contractual liability exclusion in the policy. The U.S. District Court for the Southern District of Alabama agreed, and entered summary judgment in favor of Penn National. On appeal, the Eleventh Circuit Court of Appeals found against the Insurer on all issues. The case was a victory not only for St. Catherine’s Church but also for general contractors who purchase general liability insurance to protect themselves from property damage arising out of inadvertent construction defects caused by subcontractor’s failure to perform in a workmanlike manner.
