Category Archives: Construction Defects

Fifth Circuit Issues New Opinion Regarding Application of “Contractual Liability Exclusion” Common in Most CGL Policies

In Crownover v. Mid-Continent Casualty Co., 2014 WL 5473084 (5th Cir. Oct. 29, 2014), the U.S. Fifth Circuit Court of Appeals recently granted a motion for reconsideration and withdrew and reversed an earlier opinion.  The suit arose out of the Crownover’s contract with Arrow Development, Inc. (“Arrow”) for the construction of a new home in … Read More »

Fifth Circuit holds NHWA does not cover defects which do not result in physical damage

In Gines v D.R. Horton, Inc., the Fifth Circuit addressed whether a claim brought under Louisiana’s New Home Warranty Act (“NHWA”) must allege that the defect in question resulted in actual physical damage to the home.  Gines entered into a contract for the purchase of a new home built by Horton.  After Gines took possession … Read More »