Ernst v. Acuity
Egge, in their own rights
and interests and as
assignees of Shane Kadoun,
d/b/a Kadoun Hardwood
Flooring, Plaintiffs and Appellants
v.
Acuity, a Mutual Insurance
Company as insurer of Shane
Kadoun, d/b/a Kadoun
Hardwood Flooring, Defendant and Appellee
Judge Steven L. Marquart
| Appellant: | Stefanson, Plambeck & Foss | |
| Appellee: | Jeffries, Olson & Flom, PA |
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Whether the District Court erred in determining there was no coverage under the Commercial General Liability Policy issued by Acuity for the claim asserted by Appellants?
Appellee's Statement of the Issues:
I. Whether an insured contractor's intentional and deliberate disregard of a manufacturer's express installation instructions for hardwood flooring in a homeowner's personal residence constitutes an "occurrence" or "accident" in a commercial general liability policy.
II. Whether an insurance contractor's intentional and deliberate disregard of a manufacturer's express installation instructions of hardwood flooring in a homeowner's personal residence caused damages that were "expected or intended" by the insured such that coverage for the insured is excluded. III. Whether exclusion k(5) in a commercial general liability policy excluded coverage for damage to real property which is hardwood flooring installed in a homeowner's residence.
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