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:

….

(2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction;

(3) Materials used in repair, construction, renovation or remodeling;

or

(4) Maintenance;

of part or all of any property on or off the described premises.

The court's decision

The court granted the insurer's motion.

In its decision, the court reasoned that if the policy did not apply to any damages caused by Roof Tech's allegedly faulty work, then Roof Tech was entitled to summary judgment on Landmark's claim. The court noted that the policy excluded damage resulting from faulty workmanship, repair, or construction, and it pointed out that Landmark's third party complaint was premised on “defective workmanship” and the “improper installation” of tarps. As the court explained, “faulty repairs, including faulty short-term mitigation repairs,” were subject to a policy exclusion, and Landmark, the only party that opposed Roof Tech's motion, had “not come forward with any admissible evidence to the contrary.” The court therefore concluded that there was no genuine issue of material fact and that the policy exclusion applied to Roof Tech's allegedly faulty repairs.

The case is Cedar Ridge, LLC v. Landmark American Ins. Co., No. 13–672 (E.D. La. Jan. 27, 2014). Attorneys involved include: Joseph M. Bruno, Daniel A. Meyer, Bruno & Bruno, New Orleans, LA, for Cedar Ridge, LLC; Stephen R. Barry, Kathleen Crowe Marksbury, Barry & Piccione, New Orleans, LA, for Landmark American Insurance Company et al.

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