Atlantic Casualty Insurance Company v. Gustafson

In this declaratory judgment action involving insurance coverage, the parties filed cross-motions for summary disposition, with the trial court granting the motion of plaintiff, Atlantic Casualty Insurance Company, and denying the joint motion of defendants, Gary Gustafson and Andrew Aho. Defendant Gustafson now appeals, and we reverse and remand.

The facts are not in dispute. Defendant Gustafson (hereinafter, defendant) operates a business known as Gustafson Excavating and Septic Systems. He was hired by Aho (hereinafter, the homeowner) to perform landscaping and drainage work around a pond…