Westfield Insurance Co. v. Kentuckiana Commercial Concrete, LLC and Doster Commercial Construction, Inc., No. 3:20-cv-639. On behalf of Westfield Insurance Company, Elizabeth Bass filed a complaint for declaratory judgment, seeking a declaration that the insurer had no duty under a Commercial General Liability policy of insurance to defend or indemnify its named insured, a concrete subcontractor, or a purported additional insured, the general contractor, related to alleged defects in the construction of student housing developments in Louisville, Kentucky. Elizabeth Bass filed a motion for judgment on the pleadings. In its opinion granting the motion, the Court relied on Kentucky precedent which states faulty workmanship is not an “occurrence.” The Court rejected the defendants’ argument that allegations of design defects removed the construction from the control of the subcontractor and the contractor, rendering it accidental and therefore an “occurrence” for purposes of CGL coverage.
