Courts Misunderstand The Meaning Of "That Particular Part"

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors' reasonable expectation of coverage under their general liability policies.

In early March, the Ninth Circuit Court of Appeals issued an unpublished opinion in Archer Western Contractors v. National Union, No. 15-55648 (filed Mar. 2 2017). The opinion held that the phrase "that particular part" as used in the "Damage to Property" exclusions in a CGL policy must be interpreted broadly to encompass "the entire project on which a general contractor is performing operations." This is not the first time the Ninth Circuit has issued an unpublished opinion interpreting "that particular part" to apply to the entirety of a project.