K & L Homes, Inc. v. American Family Mutual Ins. Co.

20120060 K & L Homes, Inc., Plaintiff and Appellant
v.
American Family Mutual
Insurance Company, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Insurance
Counsel:
Appellant: Troy Alden Wolf
Appellee: Scott David Jensen
Term: 05/2012   Argument: 05/14/2012  10:00am
ND cite: 2013 ND 57
NW cite: 829 N.W.2d 724

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether property damage to a house caused from the foundation sinking as a result of the faulty workmanship of an excavation subcontractor constitutes an "occurrence" under the insured home builder's commercial general liability policy?
2.Whether property damage to a house resulting from the faulty workmanship of a subcontractor is within the initial scope of coverage provided by the insuring agreement of the home builder's commercial general liability policy, despite the fact that the house is considered to be the insured's "work."
3.Whether the district court erred in failing to consider the contents of the insurance policy as a whole, including the subcontractor exception to the "damage to your work" exclusion, before reaching an interpretation of the policy that renders the exclusion and its exception meaningless?
4.Whether the subcontractor exception to the "damage to your work" exclusion is meant to provide coverage for damage to the insured's work if the damaged work or the work out of which the damage arises was performed on the insured's behalf by a subcontractor?
5.Whether North Dakota will follow the majority of jurisdictions, insurance law scholars and the insurance industry's own interpretation and construe a standard form commercial general liability policy containing a "damage to your work" exclusion with a subcontractor exception as providing coverage for a claim for damage to the insured's work as a result of faulty work performed by a subcontractor.

Appellee's Statement of the Issues:
I.Whether damage to the insured's work caused by the faulty workmanship of a purported subcontractor constitutes an "occurrence" under the initial scope of coverage provided by the insuring agreement of the home builder's commercial general liability policy
II. Whether the subcontractor exception to the "damage to your work" exclusion is meant to provide coverage for damage to the insured's work if the damaged work or the work out of which the damage arises was performed on the insured's behalf by a purported subcontractor.

Add Docket 20120060 RSS Add Docket 20120060 RSS

Docket entries:
101/17/2012 NOTICE OF APPEAL: 01/17/2012
202/17/2012 ELECTRONIC RECORD ON APPEAL DATED FEBRUARY 17, 2012 (Entry Nos. 1-46).
302/23/2012 DISK-ATB
402/24/2012 APPELLANT BRIEF
502/24/2012 APPELLANT APPENDIX
603/26/2012 APPELLEE BRIEF (pdf)
703/26/2012 E-FILED BRIEF
803/26/2012 APPELLEE APPENDIX
903/26/2012 E-FILED APPENDIX
1003/28/2012 Received $25 surcharge for AEB (Receipt #20945)
1103/30/2012 Received 7 copies of AEB from Central Duplicating
1204/06/2012 REPLY BRIEF
1304/06/2012 DISK-RYB (E-MAILED)
1404/11/2012 NOTICE OF ORAL ARGUMENT SENT
1505/14/2012 APPEARANCES: Troy A. Wolf; Scott D. Jensen
1605/14/2012 ARGUED: Troy A. Wolf; Scott D. Jensen
1705/14/2012 ORAL ARGUMENT WEBCAST
1804/05/2013 DISPOSITION: REVERSED AND REMANDED
1904/05/2012 SPLIT OPINION: Maring, Mary Muehlen
2004/05/2012 (CONCURRING SPECIALLY): Crothers, Daniel John: CONCUR
2104/05/2013 (DISSENTING): VandeWalle, Gerald W.: DISSENT
2204/05/2013 (DISSENTING): Sandstrom, Dale V.: DISSENT
2304/05/2013 Costs on appeal taxed in favor of appellant
2404/08/2013 Judgment Sent to Parties
2504/30/2013 MANDATE

Generated from Supreme Court Docket on 09/19/2014