Source: https://www.lexology.com/, August 25, 2022
By: Saxe Doernberger & Vita, P.C.

In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy.

Facts of the Case

The case stems from a construction project where a subcontractor improperly installed balconies on an apartment complex. Houston Casualty Company (HHC) issued a commercial general liability (CGL) policy to the owner of the project. Indian Harbor issued a subcontractor default insurance policy for the project. Read more.