World Fence News

August 2014

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world fence news • august 2014 • 27 Calco Fence Inc. has its roots in the Livermore community, and has served the Oakland Bay Area and Central Val- ley for 30 years. In order to show its support for the annual Livermore Ro- deo – the World's Fastest Rodeo – and to showcase the skills of its fence in- stallers and fabricators, Calco entered this cool "Field of Dreams" inspired float in the 2014 Rodeo. While the kids played "mini" baseball on the special- ly-constructed field, their parents kept the cheering section going. The Liver- more Rodeo has a fascinating history, having been formed during World War I to raise funds to support the Red Cross. You should read about it at www.livermorerodeo.org. Case before U.S. appeals court threatens Alabama subcontractors' CGL coverage ALEXANDRIA, Va. — Even though the Alabama Supreme Court recently issued an opinion in a case that confirmed coverage for construc- tion defects under state law, subcon- tractors in Alabama are facing an- other threat to the coverage for which they pay premiums. "Construction insureds pay sub- stantial premiums for liability insur- ance to protect themselves from prop- erty damage arising out of inadvertent and alleged construction defects," the American Subcontractors Asso- ciation, the Associated General Con- tractors of America and the Alabama AGC wrote in an amici curiae brief to the U.S. Court of Appeals for the 11th Circuit in Pennsylvania National Mutual Casualty Insurance Company v. St. Catherine of Siena Parish. "Only a few months ago, the Alabama Supreme Court issued its opinion in Owners Ins. v. Jim Carr, a case that confirmed coverage for con- struction defects under Alabama law. The district court's application of the Contractual Liability Exclusion sup- ports a back door circumvention of that coverage through an unwarranted over-extension of the Contractual Li- ability Exclusion. Taken to its logical end, that over-extension will result in the elimination of the coverage pre- served in Jim Carr. Therefore, Amici Curiae request the court reverse the district court and render judgment in favor of St. Catherine's, or alternative- ly, to certify the question of whether the Contractual Liability Exclusion truly applies to breach of a warranty continued on page 78

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