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E.H. Spencer Co. v. Essex Ins. Co.

Appeals Court of Massachusetts
Apr 8, 2011
944 N.E.2d 1094 (Mass. App. Ct. 2011)
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Treatment

Summary

noting that the j and j “business risk” exclusions apply in the home construction context such that “[w]here an insured is a builder of homes, as is the case here, the entire house is considered the product of the builder. Thus, the exclusions serve to deny coverage when the insured builder or its subcontractor has caused any damage to the home itself.”

Summary of this case from Bradfield v. Mid-Continent Cas. Co.
See 1 Summary

Opinion

No. 09-P-1812.

April 8, 2011.

DECISIONS PURSUANT TO RULE 1:28.

Judgment affirmed.

Summaries of

E.H. Spencer Co. v. Essex Ins. Co.

Appeals Court of Massachusetts
Apr 8, 2011
944 N.E.2d 1094 (Mass. App. Ct. 2011)

noting that the j and j “business risk” exclusions apply in the home construction context such that “[w]here an insured is a builder of homes, as is the case here, the entire house is considered the product of the builder. Thus, the exclusions serve to deny coverage when the insured builder or its subcontractor has caused any damage to the home itself.”

Summary of this case from Bradfield v. Mid-Continent Cas. Co.
Case details for

E.H. Spencer Co. v. Essex Ins. Co.

Case Details

Full title:E.H. SPENCER COMPANY, LLC vs. ESSEX INSURANCE COMPANY

Court:Appeals Court of Massachusetts

Date published: Apr 8, 2011

Citations

944 N.E.2d 1094 (Mass. App. Ct. 2011)
79 Mass. App. Ct. 1109

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Bradfield v. Mid-Continent Cas. Co.

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