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.
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).
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).
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).
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).
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.