In Mantz Automation, Inc. v. Navigators Ins. Co., No. 2009AP1681 (Wisc. Ct. App. May 10, 2010), property owner Mantz hired CSR to act as general contractor for the construction of a manufacturing facility. CSR subcontracted with Craft for the masonry work. After completion, CSR noticed defects in the concrete floor. Mantz subsequently sued CSR and its insurer, Navigators, and Craft and its insurer, West Bend. Mantz sought damages for the repair of the concrete floor and the interruption of its manufacturing operations. The trial court stayed the liability portion of the case to resolve the coverage dispute. The trial court entered summary judgment for Navigators as to its duty to defend and indemnify CSR, holding that, because the damages were limited to the defective work itself—the concrete floor—there was no occurrence. On appeal, the intermediate court of appeal affirmed. The court held that, with the property damage limited to the defective work itself, there was no “occurrence.” The court declined to consider the subcontractor work exception to exclusion l. on the basis that, absent an “occurrence,” exclusions were irrelevant. Thus, while there was “property damage,” because it was to subcontractor Craft’s own work, as opposed to the work of named insured CSR or another subcontractor, it was not caused by an “occurrence.”
