Texas Supreme Court Issues Landmark Ruling in Construction Defect Case

September 10, 2007

  • September 10, 2007 at 1:57 am
    WhaddaUthink? says:
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    I guess now the builders should go through a course, be tested on their knowledge & provide confirmation of their ability to build a structure in order to buy a warranty for their completed projects so as to appease the insurance markets & let them know that this contractor has completed the class & is an insurable risk…. Or maybe the insurance companies are to be ridiculed for not providing insurance to thoes that do wish to work in the industry but do not provide verification of their knowledge & abilities… You think Insurance Companies are going to want to write new construction on people just getting into this field anymore???

  • September 10, 2007 at 2:39 am
    texas wag says:
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    Mr. Perry and wife of Perry Homes, a major Texas homebuilder who gave $4 million to fund the Rove “politics of personal destruction” Swift Boat ads vs. John Kerry now gets more payback for this and many other bribes. Did I say bribes? I meant to say campaign contributions–which in Texas, includes those made to elected Supreme Court judges. John Cornyn, our Senator and puppet mouthpiece for the extreme right came right out of this mill.

    Perry, through welll placed “contributions” in the Texas legislature already arranged for mandatory arbitration when people here complain about their homes–guess who’s on the arbitration panel? Bulders and their puppets.

    Justice for sale in the Lone Star state. How does it taste nationwide, Americans? The rest of the world has entered its judgement.

    Liberal activist judes is the standard accusation. This is extreme-right wing judicial activism. Get used to it. You’ll be seeing more of it from the US Supreme Court–they were just getting warmed up last session.

    When people say Bush is “their man” they are saying more than you thought.

  • September 10, 2007 at 3:01 am
    Nick says:
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    This was an excellent decision by TSC and now Texas will follow form to other States with respect to occurrence, property damage(s), etc. I have fought too many carriers and coverage counsel over their use of unpublished Texas case law where they tried to deny coverage to my clients wherein they stated tahat CD claims do not meet the definition of property damage or occurrence.

  • September 10, 2007 at 3:17 am
    Nobody Important says:
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    This should be an interesting line of posts. We already have Mr. Trial Liar and the Liberal nutcase in the prior post. I’m looking forward to a spirited bunch of crap posted from lunatics on this one.

  • September 10, 2007 at 3:27 am
    American says:
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    I’m interested in the coming post stream too, can almost predict the next one… A Republican, probably one who voted for Bush who doesn’t believe that the kind of bribes, I mean contributions were made to the party representatives that are Republican… & then a Democrat with no clue that says that Democrats don’t get bribes, I mean contributions either & then there’s this guy who took a day off & is somewhat stoned sitting in front of his computer with a little tequila left in the bottle who tries to type something & realizes it is not a post on the porn site he was on earlier so maybe he should just delete it before he sends it, oops accidently hit send!

  • September 10, 2007 at 3:36 am
    Sam says:
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    I have to disagree with you Nick. Too many courts are liberalizing the definition of ‘occurrence’, and failing to take into consideration the other exclusions & definitions meant to limit the policy from providing warranty for the insured’s work. Due to more & more liberalized court decisions on this issue, I suspect it will not be long before the ISO CGL policy will be amended to exclude any type of completed operations coverage for contractors/builders, etc, and that type of coverage is sold only on a specialty poloicy w/ appropriate premiums set. The alternative will be that carriers will be much more selective when writing builders & contractors, and those that are written will be charged a very high premium indeed.

  • September 11, 2007 at 10:25 am
    Stat Guy says:
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    That is a lot to think about but I have to say that, given that Texas is the land of “the Hammer” politics, it comes as no surprise. Bidness is bidness as they say….

  • September 11, 2007 at 10:41 am
    bubba says:
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    well, you should be ecstatic then. Assuming your accusaions are true, the left had made a career out of that kind of stuff. According to you, someone from the right has seen the light and joined in.
    Wait, I get it. The left doesn’t claim a moral compass, therefore they can do whatever and get a pass.
    To praise someone on the right for joining the left would be to have a spine and stand on principal, but it’s all about politics and power. Those on the left can take bribes, stuff documents in their pants, stash 90 G in their freezer, involve themselves in all sorts of grotesque behavior and get a promotion. Go figure.
    Really, this sort of ridiculous banter gets us nowhere. America is in the toilet and too many on the left and right are just arguing over who is best suited to pull the handle

  • September 11, 2007 at 10:48 am
    Nobody Important says:
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    It doesn’t matter whether the water in the toilet is rotating left or right, our politicians are all in the toilet these days. I wonder why anyone with any sense would want to run for office? Regardless of what they do or stand for they are torn into shreds by someone from the far left or far right. Pretty scary thought for our future.

  • September 11, 2007 at 1:26 am
    concerned agent says:
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    people do not run for office anymore. the ‘party’ puts people up to run for office. if you are not a shill for the ‘party’ you will not receive the money needed to run a campaign. this is true of either ‘party’, republican or democrat. the party gives, and if the ‘elected’ representative does not vote as the ‘party’ wants, his/her funds are withheld and he is not sponsored for reelection and receives no ‘party’ funds. if you look closely, we are only slightly better off than the old communist politburo, who regularly sat and rubber stamped the ‘party’ manifesto. that is why good people do not run for office. it is an exercise in futility and any good person would soon become frustrated and disheartened with the way the ‘system’ works. it is a sad day but we must face the reality that there is no longer compromise between ‘parties’ and we are now engaged in an ideological struggle where everyone will lose.



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