Insured Risk: Now you see it. Now you don't.

Looks like the dissent got it right in American Modern Home Insurance Company v. Reeds at Bayview Mobile Home Park, LLC (4th Cir. (Md) April 14, 2006) (Unpublished). Judge Wilkins recognized the long established theory of liability under one's commercial liability policy (at least the duty to defend) against claims for damage to balance of work in the construction setting allegedly caused by defective work and/or negligence. The case is illustrative of how carefully one must plead and prove up insured risk in the construction setting--whether as plaintiff or as the insured defendant. For further discussion, see the Kevin Merriman Goldberg Segalla LLP article here.