TJB Companies, Inc. v. Maryland Cas. Co.

GARDEBRING, Justice.

The issue in this case is whether the “pay damages” provision of a comprehensive general liability policy entitles the policy holder to recover the costs of complying with an equitable order of rescission of a real estate transaction. The trial court granted the insurer’s motion for summary judgment, and the court of appeals reversed, characterizing the order of rescission as a “substitute for” or the “near equivalent” of a damages award so as to invoke the “pay damages” provision of the policy. 499 N.W.2d 58. We reverse and reinstate the summary judgment.

In September…