Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk Subscribe to my substack at https://lnkd.in/gmmzUVBy

THE FEDERAL GOVERNMENT’S GUARANTEE TO PROTECT THE STATES AGAINST INVASION The federal government has willfully abandoned its duty to defend the states – and the citizens who reside within them – from the ongoing invasion. However, states possess the authority, right now, to remedy Washington’s abrogation of its Guarantee Clause obligations. Every member of the Federal "government," it's contractors and agencies, as well as the Congress is guilty of Treason and it is time for action to be taken against them ALL! The #BorderPatrol is complicit in these crimes as well as organizations like "Catholic Charities and other "religious organizations" who get paid from federal funds OR through NGO's to bring illegals into our country! And, of course, the NGO's who are funding the invasion, helping to transport the illegals, and even paying for ADVERTISING PROMOTING TRAVEL TO THE UNITED STATES IN FOREIGN COUNTRIES! The biggest issue we have is supposed "Federal Prosecutors" who have failed to uphold their Oath to "Faithfully execute the duties of their office," and have refused to prosecute offenders and violations against Federal Law. Such as Title 18 U.S.C., Section 241 - Conspiracy Against Rights AND Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law As well as cases of #Treason and other violations of the Constitution by Political Parasites, #Police, #DOJ, and #FBI Making these Federal Prosecutors COMPLICIT in these crimes themselves! It's time for the American People to convene COMMON LAW Courts and try these criminals and traitors in open proceedings. Of course one of the biggest problems, and threats, that we face are those who call themselves "Law Enforcement" while completely and totally IGNORING and VIOLATING their own Oath to "Protect and defend the US Constitution" As they violate the Constitution themselves by violating the Inalienable Human Rights of Americans because they are unthinking, uncaring, narcissistic "Order Followers" incapable of standing in TRUTH! And going against their commanding structures to uphold their oaths! It's PATHETIC! And they grow worse with every passing day! If these clowns with costumes and badges upheld their Oaths our country would ALREADY BE FIXED! But instead they stand as "Defenders of Tyrants and Criminals" https://americarenewing.com/issues/the-federal-governments-guarantee-to-protect-the-states-against-invasion/ https://www.thegatewaypundit.com/2023/09/humanitarian-crisis-declared-after-unmarked-white-buses-drop/

THINK about that for a minute! A "passport." NO MAN has any more rights than another man.... So how is that MEN can delegate "authority" they DON'T HAVE to other men? There's nobody who legitimately has the right to tell me I can / cannot cross a #Border! And that's the problem with our CORPORATE Government! They ACT as if their existence and actions are "authorized by the people." But "The People" never had the authority to to do the things that governments do! So how can those people give away authority they don't have? NO MAN was born with the authority to prohibit someone from crossing an imaginary line on God's Earth! So how is it that "government" was supposedly granted this right??? You CANNOT delegate rights that you DON'T HAVE to other people or govt.! Our "government" is NOT a government anyway! It's a CORPORATION! But this is a pretty fundamental question! I mean certainly you have the right to protect YOUR PROPERTY! But you DON'T HAVE THE RIGHT to prohibit anyone from passing through it! Either through or around that is The concept of a #Passport way exceeds anything government was ever authorized to do! Arguably they have the duty to DEFEND the Border! But to TELL ME THAT I CANNOT LEAVE THIS CAGE??? I don't think so! I'm not in Prison, I can go wherever the f*ck I wanna go! As long as I harm no other people financially or physically! This is YHWH's Earth, not the government's! Who are they to tell me that I'm confined to this land mass??? That I need PERMISSION to leave!!! GTFOOH!

“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors. They purchased them for us with toil and danger and expense of treasure and blood. It will bring a mark of everlasting infamy on the present generation – enlightened as it is – if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of designing men.” ― Samuel Adams

Nimitz Commander Says It’s His Ship’s Duty To Defend Us From UFOs Will Smith’s Independence Day character, Captain Steven Hiller, may have retired from the Marines, but one military man is still committed to fighting UFOs and UAPs, whether they’re carrying invading aliens or not. This is definitely a military man to be reckoned with because he’s the new commander of the USS Nimitz, which received fame of the third kind when it was revealed that pilots from the carrier had encountered what is now known as a Tic Tac UFO in 2004. Does Captain Max Clark have secret information … and who will play him in the movie? https://www.collective-spark.xyz/nimitz-commander-says-its-his-ships-duty-to-defend-us-from-ufos/