Witcher Construction Co. v. Saint Paul Fire & Marine Insurance Co.

OPINION

SHORT, Judge.

A natural gas explosion occurred several blocks from a construction site, prompting Witcher Construction Company to suspend operations for nearly a month while experts tested the structure for harm. Although the building sustained no physical damage, Witcher filed a claim under its all-risk property insurance policy for the costs associated with the temporary interruption of construction. Citing the absence of physical loss to the insured property and an exclusion for delay and loss of use, Saint Paul Fire and Marine Insurance Company (insurer) denied Witcher’s request for…