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O'SHAUGHNESSY v. SMUCKLER CORP.

No. C5-95-1844.

543 N.W.2d 99 (1996)

John F. O'SHAUGHNESSY, Jr., et al., Respondents, v. SMUCKLER CORPORATION, et al., Defendants. GENERAL CASUALTY COMPANY OF WISCONSIN, Appellant, v. SMUCKLER CORPORATION, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied March 28, 1996.

Attorney(s) appearing for the Case

Timothy M. O'Brien, Patrick J. O'Connor, William R. Joyce, Faegre & Benson, Minneapolis, for John F. O'Shaughnessy, Jr., et al.

James R. Gray, Gilmore, Aafedt, Forde, Anderson & Gray, Minneapolis, Mark J. Heley, Priti Rashmikant Patel Meagher & Geer, Minneapolis, Keith J. Kerfeld, Tewksbury, Kerfeld & Zimmer, Minneapolis, for Smuckler Corporation, et al.

Peter G. Van Bergen, Andrea E. Reisbord, Cousineau, McGuire & Anderson, Minneapolis, for General Casualty Company of Wisconsin.

A. Patrick Leighton, Leonard W. Glewwe, Moore, Costello & Hart, St. Paul, for Amicus Curiae, Associated General Contractors of Minnesota.

Considered and decided by PARKER, P.J., and SCHUMACHER and DAVIES, JJ.

OPINION

PARKER, Judge.

General Casualty Company appeals the denial of its summary judgment motion, arguing that the Business Risk Doctrine precludes coverage under its commercial general liability (CGL) policy for damages to a general contractor's work that arise out of the defective work of its subcontractor. The trial court held that new language added to CGL policies in 1986 provides coverage for such damages, thus rendering the Business Risk Doctrine...

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