A federal district court has ruled that an insurer was not obligated to cover claims stemming from allegedly faulty emergency-mitigation measures and repairs made to a roof damaged by Hurricane Isaac.
The case
Cedar Ridge, LLC alleged that its Riverlands Shopping Center was damaged by Hurricane Isaac and that it contracted with Roof Technologies, Inc. to perform “emergency-mitigation work,” which generally consisted of fastening tarps to Riverlands' roof. Cedar Ridge then filed a claim with Landmark American Insurance Company and RSUI Indemnity Company (together, “Landmark”), which was denied on the ground that the emergency-mitigation work had caused additional damage to Riverlands.
Cedar Ridge sued Landmark, which filed a complaint against Roof Tech, asserting that, “[I]n the event [Landmark was] held liable to plaintiff for any of the claims asserted, third-party defendant, Roof Technologies, Inc. [was] liable to [Landmark] for the damage it caused to the property at issue as a result of its defective workmanship and by the improper installation of tarps on the roof following Hurricane Isaac.”
Roof Tech moved for summary judgment.
The policy
The policy provided:
3. We will not pay for loss or damage caused by or resulting from any of the following, 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a. through 3.c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
….
c. Faulty, inadequate or defective:
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