Per Curiam
Scottsdale insured R.I. Pools (Pools), which used outside firms to supply concrete and shoot it into the ground. In 2009 customers for whom Pools installed swimming pools in 2006 sued over cracking, flaking and deteriorating concrete causing the pools to lose water, and rendering some unusable. Although it initially provided defense costs, district court ruled Scottsdale had no duty to defend or indemnify, and was entitled to reimbursement. Relying on Jakobson Shipyard v. Aetna Casualty & Surety, it reasoned that defects in Pool’s workmanship could not be considered "accidents," were not within the policy definition of "occurrences" and thus not within Scottsdale’s coverage. Second Circuit vacated judgment, and remanded. The court erred in relying on Jakobson. While similarly limiting coverage to an "occurrence" and similarly defining an "occurrence" as an "accident" Scottsdale’s policies contained clauses not present in Jakobson, rendering the reasoning in Jakobson inapplicable. District court erred in ruling that defects in the insured’s work are not within the scope of an "occurrence." Nor did it consider whether the defects came within the subcontractor exception to the express exclusion for the insured’s own work.
