Ohio Casualty Insurance Co. v. W.N. McMurry Construction Co.

GOLDEN, Justice.

[¶ 1] These three consolidated appeals arise out of W.N. McMurry Construction’s (McMurry Construction) legal action to recover for two separate incidents involving two separate insurance policies. Both policies were issued to it by Ohio Casualty Insurance Company (Ohio Casualty). BW Insurance Agency (BW Insurance), an independent insurance agency, was the procuring agent for both policies.

[¶ 2] The first subject insurance policy is a “Builder’s Risk” policy. McMurry Construction suffered a covered loss during the construction of a commercial building. McMurry Construction…