K & L Homes, Inc. v. American Family Mutual Ins. Co.
- K & L Homes, Inc., Plaintiff and Appellant
American Family Mutual
Insurance Company, Defendant and Appellee
- Case Type
- CIVIL APPEAL : INSURANCE
- Appeal From
Case No. 2011-CV-00498
East Central Judicial District, Cass County
John Charles Irby
In an insurance policy, an exception to an exclusion may result in coverage, but is applicable only if the policy initially grants coverage and an exclusion precluding coverage applies.
Faulty workmanship may constitute an occurrence under a commercial general liability policy if the faulty work was unexpected and not intended by the insured, and the property damage was not anticipated or intentional, so that neither the cause nor the harm was anticipated, intended, or expected.
The definition of occurrence in a commercial general liability policy is not defined by terms of ownership or the character of the property damaged.
If a general contractor is liable for damages to work, including its own work product, arising out of a subcontractor's workmanship, the subcontractor exception preserves coverage that the "your work" exclusion precludes.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/17/2012||NOTICE OF APPEAL : 01/17/2012|
|2||02/17/2012||ELECTRONIC RECORD ON APPEAL DATED FEBRUARY 17, 2012 (Entry Nos. 1-46).|
|6||03/26/2012||APPELLEE BRIEF (pdf)||View|
|10||03/28/2012||Received $25 surcharge for AEB (Receipt #20945)|
|11||03/30/2012||Received 7 copies of AEB from Central Duplicating|
|14||04/11/2012||NOTICE OF ORAL ARGUMENT SENT|
|15||05/14/2012||APPEARANCES: Troy A. Wolf; Scott D. Jensen|
|16||05/14/2012||ARGUED: Troy A. Wolf; Scott D. Jensen|
|17||05/14/2012||ORAL ARGUMENT WEBCAST|
|19||04/05/2012||SPLIT OPINION : Maring, Mary Muehlen||View|
|20||04/05/2012||(CONCURRING SPECIALLY) : Crothers, Daniel John|
|21||04/05/2013||(DISSENTING) : VandeWalle, Gerald W.|
|22||04/05/2013||(DISSENTING) : Sandstrom, Dale V.|
|23||04/05/2013||Costs on appeal taxed in favor of appellant|
|24||04/08/2013||Judgment Sent to Parties|
|26||09/10/2021||EXPUNGED - Nonpermanent record items destroyed|