Nelson v. Hawkeye Security Insurance Co.

FOSHEIM, Chief Justice.

Paul E. Nelson, d/b/a Paul E. Nelson Construction (Nelson) appeals from a summary judgment granted in favor of Hawk-eye Security Insurance Company (Hawk-eye). We affirm.

The facts are undisputed. Nelson is a Brookings County building and plumbing contractor. Hawkeye is his insurer. On January 3,1981, Sandy L. Schultz (Schultz), a Kingsbury County hog producer, sued Nelson for negligence, breach of express and implied warranties, and strict liability in the construction of a hog farrowing, gestation and nursery facility. {Schultz v. Nelson). Schultz alleged that because…