The firm served as lead counsel on behalf of Pozzi Window Company, a division of JELD-WEN, Inc., in litigation seeking coverage for damage to a multi-million dollar home caused by water intrusion around windows manufacturer by our client. After settling the homeowner’s claims, our client settled its equitable subrogation claims against the general contractor by obtaining an. an assignment of the contractor’s rights under the products completed operations hazard (“PCOH”) coverage of its CGL policy. The PCOH carrier had paid for the limited, interior damage to the home, but refused to pay for repair and replacement of the windows themselves, which had been negligently installed by a subcontractor. On appeal by the carrier from a jury verdict awarding damages, the Eleventh Circuit certified the question of whether or not Florida law sanctioned coverage for “construction defects” to the Florida Supreme Court. The Florida court initially ruled that damage to the “defective work” itself was not covered, but on rehearing, the court concluded that PCOH coverage would exist if in fact the windows had been damaged by the negligent workmanship of the subcontractor who installed them. Thereafter, the Eleventh Circuit affirmed the judgment awarding compensatory damages; and on remand, the trial court ordered the carrier to reimburse our client’s attorneys' fees incurred in successfully pursuing the coverage claim.
Auto-Owners Ins. Co. v. Pozzi Window Co., 984 So.2d 1241 (Fla. 2008).
