This appeal concerns an insurer's duty to defend. The construction of a road is not comparable to a small, unitary item that lacks separate parts on which different types of work are performed. The road project was not an indivisible whole under these allegations, but instead it was composed of several particular parts to which the "your work" exclusion may or may not apply. As the road base could have been built of materials other than earth, land, or mud, and the allegations do not mention any other earth movement, the allegations do not clearly establish that the earth-movement exclusion does or does not apply. A declaratory judgment is rendered in favor of the insured. Houston's 1st Court of Appeals, No. 01-12-00587-CV, 08-15-2013.
Mid-Continent Casualty Company v. Krolczyk
Tex. App. Dist. 1
August 15, 2013