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

Revelation Chapter 2 1 Unto the angel of the church of Ephesus write; These things saith he that holdeth the seven stars in his right hand, who walketh in the midst of the seven golden candlesticks; 2 I know thy works, and thy labour, and thy patience, and how thou canst not bear them which are evil: and thou hast tried them which say they are apostles, and are not, and hast found them liars: 3 And hast borne, and hast patience, and for my name's sake hast laboured, and hast not fainted. 4 Nevertheless I have somewhat against thee, because thou hast left thy first love. 5 Remember therefore from whence thou art fallen, and repent, and do the first works; or else I will come unto thee quickly, and will remove thy candlestick out of his place, except thou repent. 6 But this thou hast, that thou hatest the deeds of the Nicolaitans, which I also hate. 7 He that hath an ear, let him hear what the Spirit saith unto the churches; To him that overcometh will I give to eat of the tree of life, which is in the midst of the paradise of God. 8 And unto the angel of the church in Smyrna write; These things saith the first and the last, which was dead, and is alive; 9 I know thy works, and tribulation, and poverty, (but thou art rich) and I know the blasphemy of them which say they are Jews, and are not, but are the synagogue of Satan. 10 Fear none of those things which thou shalt suffer: behold, the devil shall cast some of you into prison, that ye may be tried; and ye shall have tribulation ten days: be thou faithful unto death, and I will give thee a crown of life. 11 He that hath an ear, let him hear what the Spirit saith unto the churches; He that overcometh shall not be hurt of the second death. 12 And to the angel of the church in Pergamos write; These things saith he which hath the sharp sword with two edges; 13 I know thy works, and where thou dwellest, even where Satan's seat is: and thou holdest fast my name, and hast not denied my faith, even in those days wherein Antipas was my faithful martyr, who was slain among you, where Satan dwelleth. 14 But I have a few things against thee, because thou hast there them that hold the doctrine of Balaam, who taught Balac to cast a stumblingblock before the children of Israel, to eat things sacrificed unto idols, and to commit fornication. 15 So hast thou also them that hold the doctrine of the Nicolaitans, which thing I hate. 16 Repent; or else I will come unto thee quickly, and will fight against them with the sword of my mouth. 17 He that hath an ear, let him hear what the Spirit saith unto the churches; To him that overcometh will I give to eat of the hidden manna, and will give him a white stone, and in the stone a new name written, which no man knoweth saving he that receiveth it. 18 And unto the angel of the church in Thyatira write; These things saith the Son of God, who hath his eyes like unto a flame of fire, and his feet are like fine brass; 19 I know thy works, and charity, and service, and faith, and thy patience, and thy works; and the last to be more than the first. 20 Notwithstanding I have a few things against thee, because thou sufferest that woman Jezebel, which calleth herself a prophetess, to teach and to seduce my servants to commit fornication, and to eat things sacrificed unto idols. 21 And I gave her space to repent of her fornication; and she repented not. 22 Behold, I will cast her into a bed, and them that commit adultery with her into great tribulation, except they repent of their deeds. 23 And I will kill her children with death; and all the churches shall know that I am he which searcheth the reins and hearts: and I will give unto every one of you according to your works. 24 But unto you I say, and unto the rest in Thyatira, as many as have not this doctrine, and which have not known the depths of Satan, as they speak; I will put upon you none other burden. 25 But that which ye have already hold fast till I come. 26 And he that overcometh, and keepeth my works unto the end, to him will I give power over the nations: 27 And he shall rule them with a rod of iron; as the vessels of a potter shall they be broken to shivers: even as I received of my Father. 28 And I will give him the morning star. 29 He that hath an ear, let him hear what the Spirit saith unto the churches.

Revelation Chapter 1 1 The Revelation of Jesus Christ, which God gave unto him, to shew unto his servants things which must shortly come to pass; and he sent and signified it by his angel unto his servant John: 2 Who bare record of the word of God, and of the testimony of Jesus Christ, and of all things that he saw. 3 Blessed is he that readeth, and they that hear the words of this prophecy, and keep those things which are written therein: for the time is at hand. 4 John to the seven churches which are in Asia: Grace be unto you, and peace, from him which is, and which was, and which is to come; and from the seven Spirits which are before his throne; 5 And from Jesus Christ, who is the faithful witness, and the first begotten of the dead, and the prince of the kings of the earth. Unto him that loved us, and washed us from our sins in his own blood, 6 And hath made us kings and priests unto God and his Father; to him be glory and dominion for ever and ever. Amen. 7 Behold, he cometh with clouds; and every eye shall see him, and they also which pierced him: and all kindreds of the earth shall wail because of him. Even so, Amen. 8 I am Alpha and Omega, the beginning and the ending, saith the Lord, which is, and which was, and which is to come, the Almighty. 9 I John, who also am your brother, and companion in tribulation, and in the kingdom and patience of Jesus Christ, was in the isle that is called Patmos, for the word of God, and for the testimony of Jesus Christ. 10 I was in the Spirit on the Lord's day, and heard behind me a great voice, as of a trumpet, 11 Saying, I am Alpha and Omega, the first and the last: and, What thou seest, write in a book, and send it unto the seven churches which are in Asia; unto Ephesus, and unto Smyrna, and unto Pergamos, and unto Thyatira, and unto Sardis, and unto Philadelphia, and unto Laodicea. 12 And I turned to see the voice that spake with me. And being turned, I saw seven golden candlesticks; 13 And in the midst of the seven candlesticks one like unto the Son of man, clothed with a garment down to the foot, and girt about the paps with a golden girdle. 14 His head and his hairs were white like wool, as white as snow; and his eyes were as a flame of fire; 15 And his feet like unto fine brass, as if they burned in a furnace; and his voice as the sound of many waters. 16 And he had in his right hand seven stars: and out of his mouth went a sharp twoedged sword: and his countenance was as the sun shineth in his strength. 17 And when I saw him, I fell at his feet as dead. And he laid his right hand upon me, saying unto me, Fear not; I am the first and the last: 18 I am he that liveth, and was dead; and, behold, I am alive for evermore, Amen; and have the keys of hell and of death. 19 Write the things which thou hast seen, and the things which are, and the things which shall be hereafter; 20 The mystery of the seven stars which thou sawest in my right hand, and the seven golden candlesticks. The seven stars are the angels of the seven churches: and the seven candlesticks which thou sawest are the seven churches.

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Al Sharpton Tells MSNBC He’s “Convinced” Trump Will Put Him On A List If Re-Elected https://www.infowars.com/posts/al-sharpton-tells-msnbc-hes-convinced-trump-will-put-him-on-a-list-if-re-elected

Just hours before Hurricane Milton strikes Florida, residents in several Florida neighborhoods witnessed groups of Sandhill cranes gathering and emitting sharp, urgent calls. (14 seconds) https://t.me/davidavocadowolfe/142199

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