Re-Evaluating “Occurrence” in the Construction Defect Realm

K&L Homes, Inc. v. American Family Mutual Ins. Co., 2013 ND 57 (N.D. 2013) (Index No. 20120060)

The highest court in North Dakota re-evaluated a lower court’s decision concerning a construction defect matter, deciding in favor of the insured.  In this matter, the plaintiff, a homebuilder, sought coverage for a judgment entered against them for over $250,000.  The damages related to a defective home that the underlying plaintiff purchased from the plaintiff.  The underlying plaintiff sued for breach of contract and breach of implied warranties.  …

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