BSI Constructors v. Hartford Fire Ins. Co., No. 11-3369 (8th Cir. 2013)
Annotate this CaseIn this insurance coverage dispute, BSI brought suit against Hartford alleging breach of contract and vexatious refusal to pay claims under Missouri law. The district court granted Hartford's motion for summary judgment, determining that Hartford's policy excluded coverage under the present circumstances. The court concluded that the faulty workmanship exclusion excluded coverage for the damaged roof at issue; there was no conflict between the exclusion and the ensuing loss exception because the property for which coverage was excluded was not the same property for which coverage was maintained pursuant to the exception; and the district court properly granted Hartford's motion for summary judgment on BSI's vexatious refusal to pay claim. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Insurance. Under the circumstances of the case, the "faulty workmanship" exclusion provision of the policy in question excluded coverage for a damaged roof; faulty workmanship exclusion did not conflict with "ensuing loss" exception; district court properly granted defendant's motion for summary judgment on plaintiff's vexatious refusal to pay claim.
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