The firm served as lead counsel in litigation seeking insurance coverage for losses incurred in repairing water intrusion damage to windows manufactured by our client. After settling claims against the general contractor by obtaining an assignment of the contractor’s rights to pursue insurance coverage, we filed suit to recover the costs for repair and replacement of the windows, which had been negligently installed by a subcontractor. On appeal by the carrier from a jury verdict awarding damages under the products completed operations hazard (PCOH) of its CGL policy, the Eleventh Circuit certified the coverage issue to the Florida Supreme Court. The Florida court initially ruled that damage to the “defective work” (the windows) was not covered; but on rehearing, the court concluded that PCOH coverage was available if the damage to the windows had been caused by negligent workmanship of the subcontractor who installed them. Thereafter, the Eleventh Circuit affirmed the judgment awarding compensatory damages; and on remand, the trial court ordered the carrier to reimburse our client’s attorneys' fees.
Auto-Owners Ins. Co. v. Pozzi Window Co., 984 So.2d 1241 (Fla. 2008).
