Sunshine Hoist & Steel Erectors, Inc. (Sunshine) inspected and maintained hoists owned by the Aerothrust Corporation (Aerothrust) at their facility. While Aerothrust was using a hoist (inspected five months earlier) to lower a jet engine, the hoist failed and the engine dropped and was damaged. Aerothrust paid the engine owner for the damages and sued Sunshine to recover its payment. It alleged that Sunshine failed to inspect and ensure use of the proper bolt and nut on the hoist.
Sunshine was insured by Granada Insurance Company (Granada). Sunshine’s policy included a "products-completed operations" as well as a professional services exclusion and Granada filed for summary judgment, arguing that the exclusions relieved it from any obligation to respond to the Aerothrust loss. Sunshine appealed after a circuit court ruled in favor of Granada.
The trial court ruled that the professional services exclusion applied to the damages. Sunshine argued it did not apply to the work they did and the appellate court agreed. The higher court determined that the inspections performed by Sunshine did not rise to a special level to qualify as an excluded, professional service. However, the appellate court agreed with Granada that the products completed operations exclusion was applicable. As a result, the damages at issue were not covered based on the plain language of the exclusion in the policy. The appellate court affirmed the trial court's entry of final summary judgment in favor of Granada.
Aerothrust Corporation and Sunshine Hoist & Steel Erectors, Inc., Appellants, v. Granada Insurance Company, Appellee. Florida District Court of Appeal. Case Nos. 3D04-2477 and 3D04-2384. Filed May 4, 2005. Appeal from the Circuit Court, Miami-Dade County. Affirmed. 2005 CCH Personal and Commercial Liability Cases. Paragraph 8104.