Oak Crest Construction Co. v. Austin Mutual Insurance

This is an action for breach of a standard commercial liability insurance contract. Plaintiff, a general contractor, filed the action when its insurer refused to reimburse it for the cost of removing and replacing a subcontractor’s painting work that had been applied during the construction of a custom home and had failed to cure properly. The trial court granted the insurer’s motion for summary judgment. The Court of Appeals affirmed, holding that plaintiffs claim did not fall within the coverage terms of the policy, because the damage at issue had not been “caused by an occurrence,” as the…