Contractual Liability Exclusion Defeats General Contractor’s Bid Against Six Insurers for Defense and Indemnity in West Virginia

West Virginia’s highest court recently handed down a well-articulated decision on the scope of a CGL policy’s insuring agreement and exclusion for contractual liability, which could be influential to other courts who struggle with these commonly-litigated issues. On May 1, 2019, the West Virginia Supreme Court of Appeals unanimously upheld summary judgment to six insurance companies in a declaratory judgment action relating to a property developer’s suit against its general contractor over construction defects at a shopping center. The insurers
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