ACUITY v. Burd & Smith Construction, Inc.

20060001 ACUITY, a Mutual Insurance
Company, Plaintiff and Appellant
v.
Burd & Smith Construction, Inc., Defendant
and
Midwest Family Mutual Insurance
Company, Chad and Rebecca Caillier, Intervenors and Appellees
and
Peter L. Johnson and Suzanne M.
Larkin, Intervenors

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Insurance
Counsel:
Appellee: Lawyer not licensed in N.D.
Appellee: Bredahl and Associates, P.C.
Appellant: Oppegard, Wolf & Quinton
Term: 04/2006   Argument: 04/10/2006  2:45pm
ND cite: 2006 ND 187
NW cite: 721 N.W.2d 33

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Issues: 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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Docket entries:
101/03/2006 NOTICE OF APPEAL: 12/29/2005
201/20/2006 Updated Affidavit of Sean J. Mickelson in Support of Admission Pro Hac Vice (authorized)
301/31/2006 RECORD ON APPEAL (2 Vols.) w/exception of Clerk's Cert. Nos. 17 & 45 (Tapes)
402/03/2006 APPELLANT BRIEF
502/03/2006 APPELLANT APPENDIX
602/03/2006 DISK - ATB (e-mailed)
703/03/2006 APPELLEE BRIEF of Chad & Rebecca Caillier & Midwest Family Mutual Ins. Co.
803/03/2006 DISK - AEB (e-mailed)
903/17/2006 REPLY BRIEF
1003/17/2006 DISK - ryb (e-mailed)
1104/10/2006 APPEARANCES: Troy A. Wolf; Sean J. Mickelson, Daniel J. Frisk
1204/10/2006 ARGUED: Wolf; Mickelson
1304/10/2006 ORAL ARGUMENT WEBCAST
1408/24/2006 DISPOSITION: AFFIRMED AND MODIFIED
1508/24/2006 UNANIMOUS OPINION: Crothers, Daniel John
1608/24/2006 Costs on appeal taxed in favor of appellees
1708/28/2006 Judgment Mailed to Parties, trial court
1809/15/2006 MANDATE
1909/19/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/24/2014