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Norm's Desk

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Ewing v. Amerisure - Oral Arguments at the Texas Supreme Court

The Ewing v. Amerisure saga offered another chapter with the oral argument at the Texas Supreme Court on February 27, 2013.  The Court considered the questions certified to it by the Fifth Circuit panel last Fall.  The questions were:

(1) Does a general contractor that enters into a contract in which it agrees to perform its construction work in a good and workmanlike manner, without more specifc provisions enlarging this obligation, "assume liability" for damages arising out of the contractor's defective work so as to trigger the Contractual Liability Exclusion?

(2) If the answer to question one is "Yes" and the contractual-liability exclusion is triggered, do the allegations in the underlying lawsuit alleging that the contractor violated its common law duty to perform the contract in a careful, workmanlike, and non-negligent manner fall within the exception to the contractual-liability exclusion "for liability that would exist in the absence of contract?"

Watch the oral argument here.  Judge for yourself whether contractors should think lesser or more of Amerisure as a go to insurer for contractors.  We will have a wait a little longer for a decision.  The attorneys involved in the case do not expect a ruling until late August or early September.


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