DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101100P.pdf 02/14/2011 Lexicon v. Ace American Insurance Company
U.S. Court of Appeals Case No: 10-1100
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Melloy and Colloton, Circuit Judges]
Civil case - Insurance. District court did not properly apply governing
Arkansas Law when it held property damage resulting from faulty work
by the insured's subcontractor was not an occurrence for purposes of a
commercial general liability policy; properly understood, the relevant
Arkansas case law justified the insurer's decision to deny claims for
coverage for damages to the "work product itself," which, here, would
exclude coverage for reconstruction of an iron storage silo; however, the
insurer, in the absence of some other exclusion, would be obligated to
reimburse the insured for all property damage other than to the silo,
including damage to the product stored in the silo and damage to adjacent
equipment; case remanded for further consideration.
101100P.pdf 12/28/2010 Lexicon v. Ace American Insurance Company
U.S. Court of Appeals Case No: 10-1100
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Melloy and Colloton, Circuit Judges]
Civil case - insurance. District court did not properly apply governing
Arkansas law when it held property damage resulting from the faulty
work of the insured's subcontractor is not an occurrence for purposes of a
commercial general liability policy; properly understood, the relevant
Arkansas case law justifies the insurer's decision to deny claims of
coverage for damages to the "work product itself, " which, here, would
exclude coverage for reconstruction of an iron storage silo; however, the
insurer, in the absence of some other exclusion, would be obligated to
reimburse the insured for all property damage other than to the silo,
including damage to the product stored in the silo and damage to adjacent
equipment; remanded for further consideration.