Supreme Court Report

Supreme Court of the United States · Official docket →

Superior Well Services, Inc. v. American Home Assurance Company, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1498 · judgment July 25, 2023


Certiorari denied · January 22, 2024
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether the Third Circuit’s decision below violated core principles of federalism by rewriting Pennsylvania state insurance law regarding application of the “faulty workmanship” doctrine in insurance coverage disputes.

  2. Whether unexpected damage to nondefective property caused by an insured’s poor workmanship constitutes an “occurrence” under an occurrencebased commercial general liability insurance policy.

Counsel of record

For petitioner
Michael G Connelly
Troutman Pepper Hamilton Sanders LLP

For respondent
Robert Reeves Anderson
Arnold & Porter Kaye Scholer LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A352

Proceedings

  1. Jan 22 2024
    Petition DENIED.
  2. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  3. Dec 19 2023
    Waiver of right of respondent U.S. Energy Development Corporation to respond filed.
  4. Dec 07 2023
    Waiver of right of respondent American Home Assurance Company to respond filed.
  5. Nov 21 2023
    Petition for a writ of certiorari filed. (Response due December 27, 2023)
  6. Oct 18 2023
    Application (23A352) granted by Justice Alito extending the time to file until November 22, 2023.
  7. Oct 12 2023
    Application (23A352) to extend the time to file a petition for a writ of certiorari from October 23, 2023 to November 22, 2023, submitted to Justice Alito.