Western National Mutual Insurance Co. v. TSP, Inc.
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In this insurance dispute, the Supreme Court reversed the circuit court’s order granting summary judgment for TSP, Inc. and remanded for entry of summary judgment in favor of Western National Mutual Insurance Co.
Western National insured BHI Inc. under a commercial general liability (CGL) policy. This dispute arose after the land surveyor hired for a project in which BHI served as the general contractor and TSP served as the architect made a surveying error. To compensate for the error, BHI and TSP agreed to provide the funds to complete the project. TSP, however, paid the entire amount and subsequently sued BHI for damages. Western National refused to provide a defense, and after BHI and TSP settled the case, BHI agreed that TSP could pursue any potential remedy against Western National that BHI might have under the CGL policy. Western National then brought a declaratory judgment action against TSP seeking a judgment that the CGL did not provide coverage for TSP’s claims. The circuit court granted summary judgment for TSP. The Supreme Court reversed, holding that a “designated professional services endorsement” in the policy excluded all potential coverage for any property damage caused by the land-surveying error.
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