JUST TRYIN' TO DO MY JOB:
BREACH OF CONTRACT AND LIABILITY INSURANCE

TABLE OF AUTHORITIES

1. INTRODUCTION
1. The Contractor's Commercial General Liability Coverage and Construction Risks
2. BREACH OF CONTRACT AND THE OCCURRENCE REQUIREMENT
1. Accident and Fortuity Requirement
2. Breach of Contract as Occurrence: Texas Law
1. Negligence or Unintentional Line of Cases
2. Intentional Torts or Acts Lines of Cases
3. Collision of the Unintentional and Intentional Act Lines of Cases: Breach of Contract 7
4. Foreign Case Law
5. Number of Occurrences
6. Trigger of Coverage
3. EXISTENCE OF PROPERTY DAMAGE
1. Defective Work as Physical Injury to Tangible Property
2. Loss of Use of Physically Injured Property
3. Loss of Use of Tangible Property that is not Physically Injured
4. Diminution in Value
4. COVERAGE FOR BREACH OF CONTRACT v. TORT LIABILITY
1. Coverage for Defective Work as Breach of Contract -- Data Specialties, Inc. v. Transcontinental Ins. Co.
2. Case Law as to Coverage for Breach of Contract
3. Legal and Insurance Industry Commentaries
4. Exclusion (b) and Breach of Contract
5. The "No Coverage for Breach of Contract" Rule Conflicts with Other Exclusions in the CGL Policy
5. THE PROPERTY DAMAGE EXCLUSIONS: RANDOM OBSERVATIONS
1. The Business Risk Trap

Appendix A: Framework For Analysis of a Defective Work Claim

Notes

Full Text

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