Legal Question in Insurance Law in California
''Work Product'' Exclusion
Painting contractor applies primer and finish coat over metal siding with multiple prior coats of paint (last one was pink). A year later paint begins to bubble and pull away from siding, exposing the metal siding's original primer surface. In other words, the painter's work bonded to prior coats and pulled away from siding.
Owner's expert that repair cannot be limited to removal and redo of painter's work -- instead either siding must be replaced or all siding must stripped down to the metal and reprimed & painted.
Does liability insurer's ''work product'' exclusion apply? Affected surfaces not limited to the insured's work, but extend down into prior coats. Cost to strip off all prior coats and repaint is substantially more than than merely removing insured's own work.
2 Answers from Attorneys
Re: ''Work Product'' Exclusion
No, the exclusion does not apply. The damage exists to property other than the sub's work. This is an intricate coverage question, but California law provides coverage and the measure of the property damage is the diminution in value of the building.
Re: ''Work Product'' Exclusion
This is one of those issues where you need to hire an attorney with expertise in coverage. No one can give you an answer with these limited facts. If you want to talk, feel free to call my office.
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