Insurance Policy Against Collapse of a Wall Because of Defective Workmanship
In Narob Development Corp. v. Insurance Co. of North America, 219 A.D.2d 454, 631 N.Y.S. 2d 155 (App. Div. 1995), the court held that the collapse of a wall, caused by the plaintiff's defective workmanship, was not covered under a policy that contained the following clause:
"We won't cover any loss caused by or resulting from error, omission or deficiency in workmanship or materials as respects the cost of making good such error, omission or deficiency.
However, we will cover resulting physical loss caused by or to the Covered Property." Id. at 454.
Noting the ensuing loss exception is not applicable if the ensuing loss was directly related to the original excluded risk, the court denied coverage because no collateral or subsequent damage occurred as a result of the collapse of the wall. See id.