Hankins v. Maryland Casualty Co./Zurich American Insurance Co.

RANDOLPH, Justice,

for the Court:

¶ 1. In July 2001, Kaye Hankins entered into a home-construction contract with Elite Homes, Inc. (“Elite”). An August 2001 soil-test report on the subject property recommended that “a stabilizing blanket of natural silty clays ... and/or compacted fill soils having a maximum 7-foot thickness” was required “to minimize the Yazoo Clay ... swell or heave potential to within limits tolerable to a strong slab foundation .... ” Hankins received assurances from Elite that the Yazoo clay “was nothing to be concerned about.” She moved into the new home in April 2002.…