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Court Decisions

    Parsing the CGL: For want of a soil test

Parsing the CGL: For want of a soil test

Parsing the CGL: For want of a soil test Joey and Sonya Brown hired Tibke Construction, Inc., as a general contractor to build a new house in Brandon, South Dakota. Tibke hired Jerry’s Excavating, Inc., as a subcontractor to prepare the soil and perform excavation work. In October 2012 Tibke completed the project. On September 3, 2014, the Browns sued Tibke and Jerry’s Excavating for negligent construction and breach of

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Glassblowing gaffe: Must HO policy pay?

Glassblowing gaffe: Must HO policy pay? Wilbur Shriner, a retired physician, owned a glassblowing studio on Church Street in Burlington until he sold the property in December 2007 and moved the glassblowing equipment to his home in Charlotte. He and his friend, also a glassblower, eventually set up the equipment in the garage at Shriner’s property and began making glass in late 2008 or early 2009. From 2009 to 2012

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From dream house to nightmare

From dream house to nightmare Around September 28, 2012, Tony and Stephanie Hague hired Lowery Construction & Concrete, LLC, to serve as the general contractor in the construction of their new house in Piedmont, South Dakota. The ranch-style house was built with a basement that included a walkout entrance on the north side. The walkout exited onto a concrete patio. Lowery installed drain tile along the perimeter of the house’s

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Did termites cause collapse?

Did termites cause collapse? In 2004, Hiram Campbell purchased a homeowners policy for his house from KentuckyGrowers Insurance Company. The policy was self-renewing and continued in effect after Campbell died in late 2005. After Campbell’s death, his daughter, Wanda Thiele, moved into the residence. In January 2011, Thiele moved the refrigerator and discovered termite infestation. Additional termite damage was discovered throughout the house, including damage to wall paneling and flooring. Thiele made a

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Employee classification dispute

Employee classification dispute Performance Auto Collision Center, Inc., operated an automobile repair and body shop at several locations in Alpharetta, Georgia. In 2012, Performance Auto applied for workers compensation insurance with Bridgefield Casualty Insurance Company. At the time the initial policy was issued and during the subsequent renewal at issue, Performance Auto’s employees were assigned to two separate classifications—clerical and auto body painting/repair—for the purpose of assessing the insurable risk, which along with

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