Quality Homes, v. Bituminous Cas. Corp.

6 Citing cases

  1. TGA Development, Inc. v. Northern Insurance Co. of New York

    62 F.3d 1089 (8th Cir. 1995)   Cited 14 times
    Finding that the UCPA gives rise to appropriate administrative remedies, not a private right of action, and "thus no estoppel can be predicated on its violation."

    Subsequent Minnesota cases, however, have treated loss of use resulting from defective construction as outside the coverage of policies containing the same language as those involved in this case. Quality Homes, Inc. v. Bituminous Casualty Corp., 355 N.W.2d 746 (Minn.Ct.App. 1984); T.E. Ibberson Co. v. American and Foreign Ins. Co., 346 N.W.2d 659 (Minn.Ct.App. 1984). We are satisfied that the Supreme Court of Minnesota would agree with these holdings of an intermediate appellate court, because they are compelled by the plain words of the policies.

  2. Commerce Insurance Co. v. Betty Caplette Builders, Inc.

    420 Mass. 87 (Mass. 1995)   Cited 36 times
    Referring to damage to non-defective parts of a house resulting from a subcontractor's defective work on the septic system as "property damage" but determining that an exclusion to coverage applied

    Mut. Ins. Co., 182 Ga. App. 220, 223-224 (1987) (house was builder's product); Indiana Ins. Co. v. DeZutti, 408 N.E.2d 1275, 1280 (Ind. 1980) (because insured was general contractor over construction of entire residence, his finished product was entire house); Owings v. Gifford, 237 Kan. 89, 93-94 (1985) (house built by insured builder is product of builder); Allen v. Lawton Moore Builders, Inc., 535 So.2d 779, 781 (La. Ct. App. 1988) (house and lot were contractor's products); Gene Harvey Builders, Inc. v. Pennsylvania Mfr. Ass'n Ins. Co., 512 Pa. 420, 425 (1986) (house was product of the contractor). See also U.S. Fire Ins. Co. v. Colver, 600 P.2d 1 (Alaska 1979); Quality Homes, Inc. v. Bituminous Casualty Corp., 355 N.W.2d 746 (Minn. Ct. App. 1984); T.E. Ibberson Co. v. American Foreign Ins. Co., 346 N.W.2d 659 (Minn. Ct. App. 1984).

  3. Knutson Const. v. St. Paul Fire Marine Ins. Co.

    396 N.W.2d 229 (Minn. 1986)   Cited 55 times
    Holding losses caused by subcontractor's faulty work not covered under broad form endorsement

    323 N.W.2d at 63. See also Quality Homes v. Bituminous Cas. Co., 355 N.W.2d 746 (Minn.App. 1984) (house). Supportive of this conclusion are S.W. Forest Indus., Inc. v. Pole Bldgs., Inc., 478 F.2d 185 (9th Cir. 1973) (industrial building); Home Indem. Co. v. Miller, 399 F.2d 78 (8th Cir. 1968) (completed home a contractor's product); St. Paul Fire Marine Ins. Co. v. Coss, 80 Cal.App.3d 888, 145 Cal.Rptr. 836 (1978) (house); Constr. Corp. v. Charter Oak Fire Ins. Co., 66 A.D.2d 315, 414 N.Y.S.2d 385 (1979) (school building a product); Zanco, Inc. v. Michigan Mut. Ins. Co., 11 Ohio St.3d 114, 464 N.E.2d 513 (1984) (defects in condominium complex came under products exclusion); Haugan v. Home Ind. Co., 86 S.D. 406, 197 N.W.2d 18 (1972) (products exclusion, among others applies to defectively built aircraft hanger and office building).

  4. Bob Useldinger Sons, Inc. v. Hangsleben

    483 N.W.2d 495 (Minn. Ct. App. 1992)   Cited 3 times

    This exclusion is similar to so-called "work products" exclusions which deny coverage to the insured when the insured's own negligence gives rise to the damage. See Quality Homes, Inc. v. Bituminous Casualty Corp., 355 N.W.2d 746, 749 (Minn.App. 1984), pet. for rev. denied (Minn. Feb. 15, 1985); T.E. Ibberson Co. v. American Foreign Ins. Co., 346 N.W.2d 659, 661-62 (Minn.App. 1984).

  5. ATLANTIC MUT. INS. CO. v. JUDD CO

    367 N.W.2d 604 (Minn. Ct. App. 1985)   Cited 4 times   1 Legal Analyses
    Observing that whether loss-of-use insurance policy coverage applies "turns on whether the claimed damages are based on or causally related to property damage"

    Atlantic Mutual did not argue the applicability of exclusions (n) and ( o), commonly called the "work product" exclusions, apparently because no claims are made for damage to the pipe itself. See generally Quality Homes, Inc. v. Bituminous Casualty Corp., 355 N.W.2d 746, 749-50 (Minn.Ct.App. 1984); T.E. Ibberson Co. v. American Foreign Insurance Co., 346 N.W.2d 659, 661 (Minn. Ct. App. 1984).

  6. Knutson Const. v. St. Paul F. M. Ins. Co.

    366 N.W.2d 738 (Minn. Ct. App. 1985)   Cited 1 times

    See also T.E. Ibberson Co. v. American Foreign Insurance Co., 346 N.W.2d 659 (Minn. Ct. App. 1984), and Quality Homes, Inc. v. Bituminous Casualty Corp., 355 N.W.2d 746 (Minn.Ct.App. 1984), pet. for rev. denied (February 2, 1985). (Policy coverage was denied in both cases.) Knutson argues that it paid an additional $25,000 for an amended version of the completed operations coverage, which they believed would insure them against faulty work of their subcontractors which appeared after the project was completed.