Question
Stoddard Contractors performs residential construction. Stoddard builds a house for the Nymans in Richardson, TX. In July, 2016, the Nymans notify Stoddard that cracks are
Stoddard Contractors performs residential construction. Stoddard builds a house for the Nymans in Richardson, TX. In July, 2016, the Nymans notify Stoddard that cracks are appearing in the living room walls. Stoddard sends their construction manager to the Nymans home to investigate, and he confirms the existence of the cracks. He tells the Nymans the cracks are due to normal settlement of the home and that simple cosmetic repairs are all that is necessary. In August, 2016, Stoddard purchases a CGL policy from Iowa Casualty. In October, 2016, the Nymans notice the cracking is continuing and the cracks themselves are more severe. They hire an engineer to inspect, and the engineer concludes the cracking is due to an improperly constructed foundation. The Nymans send a demand letter to Stoddard claiming faulty construction and seek the cost to repair the foundation and the house. Stoddard asks Iowa Casualty to cover the claim. (answer in terms of the CGL policy)
Will Iowa Casualty cover the claim? Why or why not? Hint (1): No lawsuit has been filed so there is no Duty to Defend issue. Hint (2): None of the policys exclusions apply.
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