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

Docket No. 20120060
Oral Argument: Monday, May 14, 2012 10:00am

Docket Info

Title
K & L Homes, Inc., Plaintiff and Appellant
v.
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
2013 ND 57829 N.W.2d 724
Oral Argument 5/14/2012

Highlight

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.

Briefs

Filing Date Description
02/24/2012 APPELLANT BRIEF View
03/26/2012 APPELLEE BRIEF (pdf) View
04/06/2012 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Troy Alden Wolf - 05792
APPELLEE PRIVATE PRACTICE Scott David Jensen - 04315

(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).
3 02/23/2012 DISK-ATB
4 02/24/2012 APPELLANT BRIEF View
5 02/24/2012 APPELLANT APPENDIX
6 03/26/2012 APPELLEE BRIEF (pdf) View
7 03/26/2012 E-FILED BRIEF
8 03/26/2012 APPELLEE APPENDIX
9 03/26/2012 E-FILED APPENDIX
10 03/28/2012 Received $25 surcharge for AEB (Receipt #20945)
11 03/30/2012 Received 7 copies of AEB from Central Duplicating
12 04/06/2012 REPLY BRIEF View
13 04/06/2012 DISK-RYB (E-MAILED)
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
18 04/05/2013 DISPOSITION
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
25 04/30/2013 MANDATE
26 09/10/2021 EXPUNGED - Nonpermanent record items destroyed