Texas Supreme Court Won't Reconsider Ruling on Construction Defects

AUSTIN, Texas - The Texas Supreme Court has denied without opinion an insurance carrier's motion to rehear argument on whether a CGL insurer owed a duty to defend in a construction defect case, leaving in place its majority holding that an insurer must defend a homebuilder where unintended defects injured only the insured's product, or home. Lamar Homes Inc. v. Mid-Continent Casualty Co., No. 05-0832 (Texas Sup. Ct.)(See HarrisMartin's Columns: Mold, Sept. 2007).

While the majority did not explain its Dec. 14 decision on Mid-Continent Casualty Co.'s motion for rehearing, Justice Scott Brister, who dissented from the earlier opinion, authored …