Not aware of using the wrong lumber, the contractor installed it but, after later discovering it, was instructed to remove it and replace it with IBC-certified FRT lumber. Doing so resulted in damage.
The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts.
On December 31, 2019, the First District Illinois Appellate Court issued a decision clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context.
On December 14, 2017, the Florida Supreme Court held in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, No. SC16-1420 that a CGL insurer may have a duty to defend its insured/general contractor. . .