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Wednesday, September 9, 2015

CYPRESS POINT CONDOMINIUM ASSOCIATION, INC. VS. ADRIA TOWERS L.L.C., ET AL. A-2767-13T1

CYPRESS POINT CONDOMINIUM ASSOCIATION, INC. VS. ADRIA TOWERS L.L.C., ET AL. 
A-2767-13T1 
Subcontractors performed defective work causing consequential damages to the common areas of a condominium complex and the unit owners' property. The condominium association sued the developer and the developer's insurers. Construing the developer's commercial general liability ("CGL") policy, we held that the consequential damages constituted "property damage" and an "occurrence" under the policy. We reached that conclusion by viewing the policy as a whole and 
distinguishing Weedo v. Stone-E-Brick, Inc., 81 N.J. 233 (1979), and Firemen's Insurance Co. of Newark v. National Union Fire Insurance Co., 387 N.J. Super. 434 (App. Div. 2006), two opinions construing a CGL policy with different insuring language. We reversed orders dismissing the complaint, with instructions to consider the insurers' alternate contentions that plaintiff's claims are otherwise excluded under the policy.