Truck Insurance Exchange v. Heman

BERREY, Judge.

This is an appeal from the trial court’s grant of summary judgment to respondents, Leonard and Frances Heman, on appellant’s, Truck Insurance Exchange, petition for declaratory judgment. Reversed.

On December 3, 1983, Leonard and Frances Heman contracted with Terra-Dome by 21st Century Builders, Ltd. (Terra-Dome) for construction of a structure to be located on property owned by the Hemans in Independence, Missouri. The contract contained a warranty whereby Terra-Dome warranted the structure to be free from defects in workmanship or materials which would allow water to penetrate…