LEE BUILDERS, INC. v. FARM BUREAU MUT. INS. CO.

No. 90,944

281 Kan. 844 (2006)

LEE BUILDERS, INC., Appellee/Cross-appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed: June 9, 2006.


Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Patrick E. McGrath and Burke D. Robinson, of the same firm, were with him on the briefs for appellant/cross-appellee.

Jacob S. Graybill, of Graybill & Hazlewood, L.L.C., of Wichita, argued the cause, and N. Russell Hazlewood, of the same firm, and John Terry Moore, of Moore Martin, L.C., of Wichita, were with him on the briefs for appellee/cross-appellant.

Mark D. Hinderks, of Stinson Morrison Hecker LLP, of Overland Park, was on the brief for amicus curiae National Association of Home Builders.


The opinion of the court was delivered by

NUSS, J.:

This case concerns a dispute over insurance coverage between a general contractor, Lee Builders, Inc., (Lee) and its insurance carrier, Farm Bureau Mutual Insurance Company (Farm Bureau). Lee alleged that Farm Bureau breached a duty under the commercial general liability insurance (CGL) policy to defend or indemnify against a property damage claim brought by a homeowner. The district court granted judgment...

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