In Acuity v. Krumpelman Builders, Inc., No. 09-9-DLB (D. Ky. April 8, 2010), the general contractor insured was sued by the homeowner for property damage to the house caused by defective foundation. Finding Motorist Mutual indistinguishable, the trial court granted summary judgment for the insurer on the duty to defend and the duty to indemnify. The foundation work was performed by subcontractors and resulted in damage to other parts of the home. While acknowledging that both parties cite to exclusions, the court states that, absent an “occurrence,” unnecessary to consider exclusions.
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Mississippi “occurrence”
Caselaw, Insuring Agreement, Mississippi, Occurrence | March 23, 2010