Legal Opinion
Lowery Construction & Concrete, LLC v. Owners Insurance Co.
South Dakota Supreme Court
Decided August 30, 2017No. 27946PublishedCited by 8 opinions
1Opinion of the CourtSeverson, Justice
[¶1.] Lowery Construction & Concrete, LLC appeals the circuit court’s determination that Owners Insurance Company did not have a duty to defend Lowery in an áction filed by homeowners Tony and Stephanie Hague. The circuit court concluded that coverage was excluded because the damage to the Hagues’ home was caused by Lowery’s defective work. Lowery argues the policy only excludes the defective work itself, not damage to other nondefec-tive work. We reverse.
Facts and Procedural History
[¶2.] Around September 28, 2012, the Hagues hired Lowery to serve as the general contractor in the construction…
2Cases cited16 opinions
- Mid-Continent Casualty Co. v. JHP Development, Inc.Court of Appeals for the Fifth Circuit · 2009
- Hawkeye-Security Insurance Co. v. Clifford Ex Rel. CliffordSouth Dakota Supreme Court · 1985
- American Family Mutual Insurance Co. v. ElliotSouth Dakota Supreme Court · 1994
- Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016
- Tri-State Insurance Co. of Minnesota v. BollingerSouth Dakota Supreme Court · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Larimer v. Am. Family Mut. Ins. Co.South Dakota Supreme Court · 2019
- Larimer v. American Family Mut. Ins.South Dakota Supreme Court · 2019
- Geidel v. De Smet Farm Mut. Ins.South Dakota Supreme Court · 2019
- Sioux Steel Company v. Ins. Co. of the State of PACourt of Appeals for the Eighth Circuit · 2025
- Aaron Lindeman v. Chicago Title Insurance CompanyDistrict Court, D. South Dakota · 2026
3 more not listed; retrieve them via the Exa API.