St. Paul Guardian Insurance Co. v. Walsh Construction Co.

Plaintiff, an insurance company, sought declaratory judgment arguing that a commercial general liability policy it issued to the defendant did not cover expenses incurred by the insured to repair defective steel columns that the insured contracted with a third company to fabricate and install in a construction project. The Court of Appeals affirmed the judgment of the trial court finding that there was no duty to defend or indemnify, explaining that the defects in the columns did not constitute “property damage” as it was defined under the policy. (LEE, concurring and SCUDDER, concurring in part and dissenting in part)