Legal Opinion

J-McDaniel Construction Co v. Mid-Continent Casualty Company

Court of Appeals for the Eighth Circuit

Decided August 4, 2014No. 13-2673PublishedCited by 15 opinions

1Opinion of the Court

SMITH, Circuit Judge.

In 2011, J-McDaniel Construction Co. (“J-McDaniel”) settled a lawsuit arising from subcontractors’s faulty workmanship during construction of an Arkansas home. J-McDaniel sought coverage for the damages to be paid in the settlement from Mid-Continent Casualty Co. (“Mid-Continent”) under its Commercial General Liability Insurance (CGL) policy. Mid-Continent denied coverage, asserting that the terms of the policy did not include faulty workmanship or subcontractor negligence. J-McDaniel sued, alleging that Mid-Continent breached the insurance contract. Sitting in diversity…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Zutz v. NelsonCourt of Appeals for the Eighth Circuit · 2010
  3. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
  4. Perry v. Baptist HealthSupreme Court of Arkansas · 2004
  5. In Re: Cerner Corp. Securities Litigation. John A. Campagnuola, Individually and on Behalf of All Other Similarly Situated, Phil Crabtree v. Cerner Corporation Neal Patterson Mark Naulten Paul Black Clifford W. Illig Earl H. Devanny, III Glenn P. TobinCourt of Appeals for the Eighth Circuit · 2005

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3Cited by15 opinions

  1. Lyons v. Conagra Foods Packaged Foods LLCCourt of Appeals for the Eighth Circuit · 2018
  2. Pine Bluff School District v. Ace American Insurance CompanyCourt of Appeals for the Eighth Circuit · 2020
  3. United States v. Rafael McDanielCourt of Appeals for the Eighth Circuit · 2016
  4. Clarksville School District v. Ace American Insurance CompanyCourt of Appeals of Arkansas · 2021
  5. Bielema v. The Razorback Foundation, Inc.District Court, W.D. Arkansas · 2020

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