ACUITY v. Burd & Smith Construction, Inc.
ACUITY, a Mutual Insurance
Company, Plaintiff and Appellant
Burd & Smith Construction, Inc., Defendant
Midwest Family Mutual Insurance
Company, Chad and Rebecca Caillier, Intervenors and Appellees
Peter L. Johnson and Suzanne M.
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Insurance|
|Term:||04/2006  Argument: 04/10/2006 2:45pm|
|ND cite:||2006 ND 187|
721 N.W.2d 33
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Whether claims grounded in breach of contract asserted against an insured trigger coverage under the insured's commercial general liability policy?
2.Whether the failure of the insured contractor to properly perform work leading to damage to the project on which work is being performed constitutes an accidental "occurrence" under the insured's commercial general liability policy?
3.Whether exclusion (b), the "contractual liability" exclusion, excludes coverage for claims brought against the insured based on contentions that the insured ratified the contract of another party and is thereby liable for that party's fault?
4. Whether exclusion (k), the "damage to property" exclusion excludes coverage for all damage to the building on which the insured is performing operations if that damage arises out of the work being performed and occurs before the work is completed?
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|1||01/03/2006||NOTICE OF APPEAL: 12/29/2005|
|2||01/20/2006||Updated Affidavit of Sean J. Mickelson in Support of Admission Pro Hac Vice (authorized)|
|3||01/31/2006||RECORD ON APPEAL (2 Vols.) w/exception of Clerk's Cert. Nos. 17 & 45 (Tapes)|
|6||02/03/2006||DISK - ATB (e-mailed)|
|7||03/03/2006||APPELLEE BRIEF of Chad & Rebecca Caillier & Midwest Family Mutual Ins. Co.|
|8||03/03/2006||DISK - AEB (e-mailed)|
|10||03/17/2006||DISK - ryb (e-mailed)|
|11||04/10/2006||APPEARANCES: Troy A. Wolf; Sean J. Mickelson, Daniel J. Frisk|
|12||04/10/2006||ARGUED: Wolf; Mickelson|
|13||04/10/2006||ORAL ARGUMENT WEBCAST|
|14||08/24/2006||DISPOSITION: AFFIRMED AND MODIFIED|
|15||08/24/2006||UNANIMOUS OPINION: Crothers, Daniel John|
|16||08/24/2006||Costs on appeal taxed in favor of appellees|
|17||08/28/2006||Judgment Mailed to Parties, trial court|
|19||09/19/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|20||05/09/2016||EXPUNGED - Nonpermanent record items destroyed|