Western National Mutual Insurance Co. v. Gateway Building Systems, Inc.

SEVERSON, Justice.

[¶ 1.] Western National Mutual Insurance Company filed a complaint for declaratory judgment against Gateway Building Systems, Inc. The circuit court granted summary judgment in favor of Western National, finding that several exclusions in the insurance agreement between Western National and Gateway applied to defeat coverage for an underlying suit between Gateway and Dakota Mill & Grain, Inc. Gateway appeals. We reverse and remand.

Background

[¶2.] Dakota Mill & Grain, Inc., contracted with Gateway Building Systems, Inc., for the construction of three 136,611 bushel grain…