Court Denies Developer Insurance Coverage to Repair Defective Construction
Source: https://www.lexology.com/, February 4, 2025
By: Paul Ferland and Joshua Tumen, Cozen O’Connor
In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured did not suffer an actual loss. Rather, the insured’s contractor was solely responsible for the repair costs pursuant to the parties’ construction contract. Read more.