Legal Opinion

ACUITY v. Burd & Smith Construction, Inc.

North Dakota Supreme Court

Decided August 24, 2006No. 20060001PublishedCited by 47 opinions

1Opinion of the Court

CROTHERS, Justice.

[¶ 1] ACUITY appeals from a summary judgment declaring it was obligated under a commercial general liability insurance (“CGL”) policy to indemnify its insured, Burd & Smith Construction, Inc., for Burd & Smith’s responsibility for damages to an apartment building owned by Chad and Rebecca Caillier. We conclude the CGL policy does not provide coverage to repair or replace a defective roof on the apartment building, but does provide coverage for other property damage to the apartment building. We modify the judgment accordingly, and as modified, we affirm.

I

[¶ 2] The Cailliers…

2Cases cited25 opinions

  1. American Family Mutual Insurance v. American Girl, Inc.Wisconsin Supreme Court · 2004
  2. Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
  3. Jet Line Services, Inc. v. American Employers InsuranceMassachusetts Supreme Judicial Court · 1989
  4. Wall v. Pennsylvania Life Insurance Co.North Dakota Supreme Court · 1979
  5. Auto-Owners Insurance v. Home Pride Companies, Inc.Nebraska Supreme Court · 2004

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3Cited by47 opinions

  1. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
  2. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
  3. K & L Homes, Inc. v. American Family Mutual Insurance Co.North Dakota Supreme Court · 2013
  4. Trinity Hospitals v. MattsonNorth Dakota Supreme Court · 2006
  5. Essex Insurance v. HolderSupreme Court of Arkansas · 2008

42 more not listed; retrieve them via the Exa API.

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