Oak Tree, Inc. v. Commercial Union Insurance Company

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

FEIKENS, District Judge.

I. Background

Plaintiff, a building construction contractor, commenced the construction of a building in Washtenaw County, Michigan. Early in 1988 a county building inspector noted “numerous cracks in the basement walls and garage walls” and that “footings for [the garage] at jumps have settled.” Plaintiff corrected the defects and now sues to recover its losses under an insurance policy it has with defendant.

Plaintiffs consulting engineer, Kenneth J. Winters, is prepared to testify that “cracks [in the…