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Ninth Circuit Holds That Despite 'Known Damage' Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor's Negligent Repair of a Prior Negligent Act

Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017)

Author: Alex Corey

6/22/2017

Read the full post at Constructlaw

Ninth Circuit Holds That Despite 'Known Damage' Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor's Negligent Repair of a Prior Negligent Act

 In 1994, Adrianus and Rachelle Alkemade (the Alkemades) bought a house from Meltebeke Built Paradise Homes (Meltebeke). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing damage and hired an engineering firm to install a helical pier foundation, which would have prevented any further damage to the home. However, the helical pier foundation was also installed negligently, afflicting the home with the same type of structural damage as before.