CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, JANUARY 30, 2025

Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

Gavel

Years after completion of the building, the building's owners and its lender filed a counterclaim agains Cornice in an Iowa federal court for breach of contract and negligence.

January 28, 2025
Tred R. Eyerly - Insurance Law Hawaii

The Seventh Circuit reversed the district court's finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024).

Cornice, an architectural firm, oversaw the construction of a building in Iowa. Under the contract with the building owner, Cornice agreed to "prepare drawings setting forth in detail the quality levels of materials and systems and other requirements for the construction" of the building. Cornice also agreed to evaluate the project regularly to become "familiar with the progress and quality of the work completed."

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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