Attorney obtained summary judgment in a declaratory judgment action filed on behalf of the client-insurer

Attorney obtained summary judgment in a declaratory judgment action filed on behalf of the client-insurer. The insured was a real estate developer who was being sued by the condominium associations of two buildings it developed. The client disclaimed coverage on the basis that the claims asserted in the underlying litigation were construction defect claims, and asserted that a commercial general liability policy does not provide coverage for the cost to repair and replace the defective work. A jury trial in one of the underlying construction matters resulted in a judgment against the insured, and in the second a trial is scheduled to begin in November, and damages are alleged to be substantial. The court ruled in favor of the insurer on the basis that the underlying construction defect complaints did not identify any claim constituting an occurrence as that term was defined in the policy, and as the term was interpreted by the State Supreme Court. The court held that our client had no duty to defend, and had no duty to indemnify the insured.