Poor quality lumber no accident; court reasons insurer has no duty

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted March 16, 2020 3:39 PM

Today’s 7th U.S. Circuit Court of Appeals case involves an interesting coverage question under a commercial general liability policy: Is a building materials supplier who contracts to provide International Building Code-certified lumber, but instead furnishes noncertified lumber, which must be torn out and replaced, entitled to coverage for the customer’s property damage?In Lexington Insurance Co. v. Chicago Flameproof & Wood Specialties Corp., 2020 WL 948509 (7th Cir. 2020), Lexington Insurance Co. insured …

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