Lagestee-Mulder, Inc. v. Consolidated Ins. Co.

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in action by plaintiff-insured alleging that defendant wrongfully refused tender of defense in underlying lawsuit as required by defendant’s comprehensive general liability policy where underlying lawsuit alleged that plaintiff breached construction contract. Defendant’s duty to defend under instant policy was only triggered if underlying complaint alleged damage to something other than structure itself, and underlying action alleged plaintiff’s deficiencies in materials, workmanship and building’s construction that concerned alleged damages only to building itself.