Penn-America Ins. Co. v. Lavigne, 09-2059, involved an insurer’s suit against its insured and plaintiff seeking a declaratory judgment that the insured’s insurance policy excluded liability coverage for claims arising from roofing, arising from serious injuries sustained by plaintiff when a portion of a scaffolding snapped while visiting his friend, the insured, at the job-site.  In affirming district court’s grant of summary judgment in favor of the insurer, the court held that the only language added to Endorsement A plainly expresses the intent of the parties to exclude claims arising from roofing.  Also,  there is no dispute that plaintiff’s injuries originated from, grew out of, flowed from, or had a connection with, roofing.

 

Related Resources:

  • Full text of Barsoum v. Holder, 09-1968
  • Full text of Penn-America Ins. Co. v. Lavigne, 09-2059

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