Duty To Defend Analysis

Summary

In South Carolina, contractors can be held liable for faulty workmanship, including water damage and mold from a defective roof. A Reservation of Rights letter should include your name, policy number, claim details, a statement reserving the insurers rights, and potential policy exclusions or limitations. Consult a legal professional for specifics.

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I have a south carolina suit and I need to analyze my duty to defend under the policy
What type of policy are you referring to, ****? Is it an insurance policy or something else?
Commercial general liabity
What specific incident or claim is being made against you that requires defense under your Commercial General Liability policy?
Our insured was a subcontractor who installed a roof
What is the claim or issue related to the roof installation that has led to the lawsuit?
The roof is allegedly defective
What are the specific defects being claimed in the lawsuit?

In South Carolina, the "implied warranty of habitability" applies to new construction, which includes roofing.
The roof is leaking
What is the extent of the damage caused by the leak?

- In South Carolina, contractors can be held liable for faulty workmanship.
- Charleston County Courthouse, * Broad St, Charleston, SC *, USA. Phone: +* *-*-*.
Unknown
Could you please provide more details about the damage caused by the leak? For instance, has it caused structural damage or mold growth?
Water damages and mold
Explanation: In South Carolina, if the leak was due to faulty workmanship, the contractor could be held liable for the water damage and mold.
Give an example of a reservation of rights letter.
A Reservation of Rights letter typically includes:

- Your name and policy number
- The claim or lawsuit details
- Statement reserving the insurer's rights
- Explanation of potential policy exclusions or limitations.

Please consult a legal professional for specifics.