Bulen v. West Bend Mutual Insurance

The issue in this case is whether West Bend Mutual Insurance Company is liable to its insured, Jerome Bence, a building contractor, for dam ages to the plaintiffs, Robert and Sandra Bulen, when a basement wall collapsed during construction of the Bulen home. The trial court dismissed the Bulens’ complaint against West Bend. West Bend’s insured, Bence, appeals.

West Bend issued a comprehensive general liability, completed operations, and products liability insurance policy to Bence. The policy contained the following exclusionary language:

This insurance does not apply:

(A) to liability assumed…