Legal Opinion

Village At Deer Creek Homeowners Ass'n v. Mid-Continent Casualty Co.

Missouri Court of Appeals

Decided April 1, 2014No. Nos. WD76191, WD76192PublishedCited by 6 opinions

1Opinion of the Court

CYNTHIA L. MARTIN, Judge.

Mid-Continent Casualty Company (“Mid-Continent”) appeals a multi-million dollar judgment entered in favor of The Village at Deer Creek Homeowners Association, Inc. (“Association”) in an equitable garnishment proceeding tried to the court. Because we conclude that a judgment awarded to the Association against Mid-Continent’s insured, Greater Midwest Builders, Ltd. (“GMB”), was for “property damage” caused by an “occurrence” as defined in Mid-Continent’s policies, and because we conclude that the trial court did not abuse its discretion in denying Mid-Continent leave to…

2Cases cited24 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's LondonTexas Supreme Court · 2010
  3. Gibson v. BrewerSupreme Court of Missouri · 1997
  4. Truck Insurance Exchange v. Prairie Framing, LLCMissouri Court of Appeals · 2005
  5. Lennar Corp. v. Great American Insurance Co., Texas Court of Appeals, 14th District (Houston)2006

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3Cited by6 opinions

  1. Penzel Constr. Co. v. Jackson R-2 Sch. Dist., Warner-Nease-Bost Architects & Henthorn, Sandmeyer & Co.Missouri Court of Appeals · 2017
  2. Mid-Continent Cas. Co. v. Greater Midwest Builders, LTDDistrict Court, D. Kansas · 2018
  3. Kretsinger Real Estate Company and American Central Transport, Inc. v. Amerisure Insurance CompanyMissouri Court of Appeals · 2016
  4. Agriservices of Brunswick, LLC v. JacobyMissouri Court of Appeals · 2018
  5. St. Paul Fire and Marine Insurance Co. v. Bodell Construction CompanyDistrict Court, D. Hawaii · 2022

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