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Wilkinson & Son Inc. v. Providence Washington Insurance Co.

Decided: June 19, 1973.

WILKINSON & SON, INC., A NEW JERSEY CORPORATION AND GULF ATLANTIC TILE & TERRAZZO CORP., A DELAWARE CORPORATION, PLAINTIFF,
v.
PROVIDENCE WASHINGTON INSURANCE COMPANY, A RHODE ISLAND CORPORATION, DEFENDANT



Gaynor, J.c.c., Temporarily Assigned.

Gaynor

This is a motion for summary judgment by plaintiff Wilkinson & Son, Inc. in its action for a declaratory judgment determining its rights under a certain contractor's liability policy issued to it by defendant company.

The facts giving rise to this proceeding are not complicated and have been stipulated by the parties as follows:

1. Plaintiff Wilkinson & Son, Inc. is a contractor and in 1966 was performing certain work as a subcontractor in connection with the construction of a luxury high-rise apartment building.

2. In the course of performing its work on said apartment building plaintiff was required to remove traces of tile in 34 of the apartments in said building.

3. An employee of plaintiff, while removing the traces of tile in the 34 apartments, damaged the carpeting in each of the apartments by tracking on the carpeting, or depositing on the carpeting when placing his cleaning pail down, some of the cleaning material which contained an acidic or alkaline substance.

4. The work by plaintiff's employee, during which time the damage to the carpeting took place, was performed over a period of one or possibly two working days.

5. At the time of the incident defendant insured plaintiff under a general liability policy for property damage caused by the acts of plaintiff or its agents.

6. The relevant provisions of said policy are as follows:

SCHEDULE

AMOUNT AND BASIS OF DEDUCTIBLE COVERAGE

$xxxx per claim

Bodily Injury ...


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