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Home / Case Digests / Second Circuit — Architectural Liability: Dormitory Authority v. Continental Casualty

Second Circuit — Architectural Liability: Dormitory Authority v. Continental Casualty

U.S. Court of Appeals for the Second Circuit

Architectural Liability

Design Flaws — Structural vs. Aesthetic

Dormitory Authority v. Continental Casualty
13-1671
Judges Jacobs, Pooler and Roman

Background: The insurer of an architectural firm that designed the plaintiff owner’s building appealed from a judgment declaring that two design flaws in the same structure were not related. Under the terms of a stipulation between the parties, a separate limit of liability was therefore available to fix each flaw.

Ruling: The Second Circuit affirmed. The court noted that the two design flaws at issue arose from two separate unrelated wrongful acts. One had to do with the structural integrity of the building; the other, with its aesthetic design.

Richard Simpson of Wiley Rein for the appellant-cross-appellee; Jerrold J. Ganzfried of Holland & Knight for the appellee-cross-appellant