Glens Falls Ins. Co. v. Donmac Golf Shaping Co

In Glens Falls Ins. Co. v. Donmac Golf Shaping Co., 203 Ga. App. 508 (417 SE2d 197) (1992), the developer of a golf course alleged that the contractor negligently built part of the project on federally protected wetlands. The Court found that the damages sought by the developer against Donmac were not directly related to the cost of repairing and replacing deficiencies in Donmac's work on the project - which would be excluded from the insurance coverage as business risks - but were claims beyond the scope of the contractual expectations for additional tort damages caused by the alleged deficiencies in Donmac's performance. Id. at 513. The Court further explained that the insured, as a source of goods or services, may be liable as a matter of contract law to make good on products or work which is defective or otherwise unsuitable because it is lacking in some capacity. This may even extend to an obligation to completely replace or rebuild the deficient product or work. This liability, however, is not what the coverages in question are designed to protect against. Id. at 511.