DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113603P.pdf 09/07/2012 Joseph Friedberg v. Chubb & Son, Inc.
U.S. Court of Appeals Case No: 11-3603
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Murphy and Melloy, Circuit Judges]
Civil case - Insurance. Policy exclusion for any loss caused by faulty
construction applied to plaintiff's loss as the faulty construction was the
efficient and proximate, or overriding cause, of the damage; "ensuing
loss" provision in the policy did not restore coverage as ensuing-loss
provisions exclude from coverage the normal results of defective
construction and only apply to distinct, separable ensuing losses; under
Minnesota law, water damage attributable to faulty construction and
resulting water intrusion is not a separable and distinct peril.