Owners Insurance Co. v. Tibke Construction, Inc.

[¶1.] Homeowners sued a general contractor and a subcontractor for damages to their home. General contractor was insured under a commercial general liability (CGL) policy and requested defense and indemnification from its insurer. Insurer disputed coverage but defended general contractor under a reservation of rights. Insurer later filed a declaratory-judgment action, seeking a judgment that the CGL policy did not provide coverage for general contractor against homeowners’ allegations. The parties filed cross-motions for summary judgment. The circuit court denied the motions, finding that a…