Legal Opinion

Ernst v. Acuity

North Dakota Supreme Court

Decided October 24, 2005No. 20050128PublishedCited by 20 opinions

1Opinion of the Court

Opinion of the Court by MARING, Justice.

MARING, Justice.

[¶ 1] Keith Ernst and Debra Egge have appealed from a summary judgment dismissing their action seeking recovery of insurance proceeds. We affirm, concluding coverage was excluded by a business risk exclusion in the policy.

I

[¶ 2] In 2003, Ernst and Egge (collectively “Ernst”) purchased approximately 2,300 square feet of pre-finished maple flooring for their home. They contracted with Shane Kadoun, doing business as Ka-doun Hardwood Flooring, to install the flooring, and paid Kadoun $8,000.

[¶ 3] After Kadoun had installed approximately…

2Cases cited10 opinions

  1. Weedo v. Stone-E-Brick, Inc.Supreme Court of New Jersey · 1979
  2. Fisher v. American Family Mutual Insurance Co.North Dakota Supreme Court · 1998
  3. Glens Falls Ins. Co. v. DONMAC GOLF SHAPING CO. INC.Court of Appeals of Georgia · 1992
  4. Nationwide Mutual Insurance Companies v. LagodinskiNorth Dakota Supreme Court · 2004
  5. Ziegelmann v. TMG Life Insurance Co.North Dakota Supreme Court · 2000

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. ACUITY v. Burd & Smith Construction, Inc.North Dakota Supreme Court · 2006
  2. Trinity Hospitals v. MattsonNorth Dakota Supreme Court · 2006
  3. Sandberg v. American Family Insurance Co.North Dakota Supreme Court · 2006
  4. In Re Estate of DionneNorth Dakota Supreme Court · 2009
  5. Schleuter v. Northern Plains Ins. Co., Inc.North Dakota Supreme Court · 2009

15 more not listed; retrieve them via the Exa API.

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