Massachusetts exclusions j(5) and j(6) “that particular part.”

April 27, 2011

In E.H. Spencer & Co., LLC v. Essex Ins. Co., No. 09-P-1812 (Mass. Ct. App. April 8, 2011)(unpublished), insured Spencer was the general contractor for a residence. During construction, the project suffered water penetration damage resulting from a window left open by a subcontractor and the puncture of a heating system pipe while Spencer was installing roof shingles. Spencer sought coverage under its CGL policy issued by Essex. Essex denied coverage and Spencer filed suit. Read the full story… Reprinted courtesy of


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