Curry v. Harleysville Mutual Insurance

11 Pa. D. & C.4th 521, 1991 Pa. Dist. & Cnty. Dec. LEXIS 238
CourtPennsylvania Court of Common Pleas, Carbon County
DecidedMay 21, 1991
Docketno. 88-0936
StatusPublished
Cited by2 cases

This text of 11 Pa. D. & C.4th 521 (Curry v. Harleysville Mutual Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curry v. Harleysville Mutual Insurance, 11 Pa. D. & C.4th 521, 1991 Pa. Dist. & Cnty. Dec. LEXIS 238 (Pa. Super. Ct. 1991).

Opinion

LAVELLE, P.J.,

This is a declaratory judgment action seeking a judicial interpretation of certain exclusions in a building contractor’s general liability insurance policy. The material facts are not in dispute.

Plaintiff, John J. Curry and Son, a general contractor, built an addition onto the Lake Harmony, Carbon County home of defendants, Edwin and Deanna Kresge, his wife, pursuant to a contract signed by the parties on or about April 9, 1986. The contract contained the following clause: “All material is guaranteed to be, as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the above work and completed in a substantial workmanlike manner for the sum of $26,800.”

Pursuant to the construction agreement, Curry commenced construction during the summer of 19.86 and completed work in April 1987.

On May 10, 1988, the Kresges filed a complaint against Curry alleging that faulty ctínstruction work caused damage to carpeting and sheet rock which Curry placed in the addition. More specifically, they claim that the damage to the carpeting and sheet rock was caused by Currys’ failure to construct the addition in a workmanlike manner and failure to use proper materials. (Complaint para. 9.)

During the construction of the addition, Curry was insured by Harleysville Mutual Insurance Company under a general liability insurance policy.

On March 10, 1988, Kresges notified Harleysville of their damage claims. On March 24, 1988, Harleysville denied coverage on the following grounds: “Nowhere in the complaint is it listed that there was any resultant damage to, anything other than the insured’s work product. Therefore, since all items in [523]*523the complaint are for damages to the insured’s work product, we regret to inform you, as stated above, that there is no coverage or indemnification for the insured.” (Plaintiff’s exh. 3.)

Curry instituted this declaratory judgment action to compel Harleysville to defend and indemnify Curry with respect to the claims arising out of Kresges’ suit against Curry.

In its answer to plaintiff’s complaint, Harleysville denies it is obliged to provide coverage. Harleysville does not say on which exclusion it relies. In its brief, however, Harleysville says it relies on exclusions (n) and (o) of the policy which provide:

“This insurance does not apply:. . .

“(n) to property damage to the named insured’s products arising out of such products or any part of such products;

“(o) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith.”

DISCUSSION

The principles governing the interpretation of a contract of insurance are well settled. Review is aimed at ascertaining the intent of the parties as manifested by the language of the written instrument. Where the provision of the policy is ambiguous, the policy provision is construed in favor of the insured and against the insurer, the drafter of the instrument. If the policy language is clear and unambiguous, we must give effect to the language of the contract. Standard Venetian Blind Co. v. American Empire Insurance Co., 503 Pa. 300, 469 A.2d 563 (1983).

With these general principles of law in mind, we now turn to the policy. Clauses (n) and (o) of the [524]*524policy explicitly exclude any liability coverage for property damage to the insured’s work product or for property damage to work performed by or on behalf of the named insured. Kresges’ claim against Curry is for damage to thé carpeting installed by or on behalf of Curry and sheet rock installed by or on behalf of Curry. Both of these items are Currys’ work.products for which the policy excludes coverage.

The Supreme Court of Pennsylvania was confronted with a factual scenario and policy language similar to the instant case in Standard Venetian Blind Co., supra. Plaintiff contractor had installed a portico on the residence of Evans. The portico collapsed and was destroyed during a snowstorm. Evans sued the contractor for the cost of replacing the portico alleging breach of implied and express warranties. Plaintiff brought a declaratory judgment action against the contractor’s liability insurer who denied any coverage on the basis of exclusions in the contractor’s policy almost identical to exclusions (n) and (o). The Supreme Court held that clauses (n) and (o) were not ambiguous and that coverage for the portico was excluded because it was the contractor’s work product.

Curry seeks to avoid the application of exclusions (n) and (o) and the Standard Venetian Blind Co. decision by pointing to exclusion (a) of the policy which provides:

“This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured’s products or a warranty that work performed by or on ,behalf of the named insured will be done in a workmanlike manner. . .”

[525]*525Curry argues that exclusion (a) grants coverage for express or implied warranties of good workmanship and conflicts with the work product exclusions of (n) and (o) which preclude coverage on any warranty theories. This conflict, argues Curry, creates an ambiguity and the court should compel the carrier to provide the coverage of exclusion (a). We disagree.

The identical argument has been raised and rejected in many other cases.

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Bluebook (online)
11 Pa. D. & C.4th 521, 1991 Pa. Dist. & Cnty. Dec. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-harleysville-mutual-insurance-pactcomplcarbon-1991.