Employers Mutual Casualty Co. v. Fisher Builders, Inc.

¶1 Jerry and Karen Slack (Slacks) appeal from an order entered in this declaratory action by the Eleventh Judicial District Court, Flathead County, granting summary judgment to Employers Mutual Casualty Company (EMC) and concluding that EMC had no duty to defend the insured because no coverage existed under the subject policy. We reverse and remand for further proceedings.

¶2 We address the following two restated issues:

1. Did the District Court err by concluding that the alleged acts and subsequent consequences did not constitute an “occurrence” covered by the policy?

2. Did the District Court…