Legal Opinion · Dissent

Great Divide Insurance Co. v. Carpenter Ex Rel. Reed

Alaska Supreme Court

Decided October 24, 2003No. S-9774, S-9843Published

1DissentEastaugh, Justice

A. Introduction

I disagree with this court's conclusion that the insurance policy covered Raymond Carpenter's claims. I therefore respectfully dissent. The activity that injured Raymond Carpenter, cutting down a tree, was not one of the two classified operations-floor covering and sheet-metal work-covered by the policy. Nor is it reasonable to view this activity as an "incidental support activity" to the operations the policy actually did cover. Finally, I think it important not to confuse the operation that harmed Carpenter-cut*618ting down treee-with its purpose-gathering fuel.

B. Facts

Great…

2Cases cited13 opinions

  1. Alaska Foods, Inc. v. American Manufacturer's Mutual Insurance Co.Alaska Supreme Court · 1971
  2. Mount Vernon Fire Insurance Company v. Belize Ny, Inc.Court of Appeals for the Second Circuit · 2002
  3. Marwell Construction, Inc. v. Underwriters at Lloyd's, LondonAlaska Supreme Court · 1970
  4. Tsakres v. OwensAlaska Supreme Court · 1977
  5. Makarka v. Great American Insurance Co.Alaska Supreme Court · 2000

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