No Defense or Indemnification for Roofer Accused of Faulty Tarp Installation

PHILADELPHIA - A roofing contractor's improper installation of a temporary roof tarp is not an "accident" under a commercial general liability policy that would give rise to a duty to defend or indemnify the contractor, a Pennsylvania trial court has ruled. Certain Underwriters at Lloyd's, London v. Berzin, et al., No. 01263 Sept. Term 2009 (Pa. Comm. Pls., Philadelphia Cty.).

Philadelphia County (Pa.) Common Pleas Judge Mark I. Bernstein issued a written opinion on June 28 and it has been appealed by the homeowners' insurer to the Pennsylvania Superior Court.

Rocco was retained by William and Nikkol Blagmon to replace …