Nash Street, LLC v. Main Street America Assurance Co.
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In this insurance dispute, the Supreme Court reversed the judgment of the trial court granting Defendant's motion for summary judgment, holding that the trial court incorrectly determined that Defendant was relieved of its duty to defend in the underlying property dispute.
Plaintiff contracted with New Beginnings Residential Renovations, LLC to renovate Plaintiff's house. The house received extensive physical damage during the renovation, and Plaintiff brought an action against New Beginnings for property damage. New Beginnings tendered defense of the case to Defendant pursuant to a commercial general liability insurance policy. Defendant declined to defend under two of the policy's "business risk" exclusions. Plaintiff was awarded a default judgment against New Beginnings. Plaintiff then brought this action against Defendant under the direct action statute seeking recovery for the judgment against New Beginnings. The trial court granted summary judgment for Defendant, concluding that the policy exclusions precluded coverage. The Supreme Court reversed and remanded the case, holding that the exclusions did not relieve Defendant of its duty to defend.
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