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ACUITY v. BURD & SMITH CONST., INC.

No. 20060001.

721 N.W.2d 33 (2006)

2006 ND 187

ACUITY, a Mutual Insurance Company, Plaintiff and Appellant v. BURD & SMITH CONSTRUCTION, INC., Defendant and Midwest Family Mutual Insurance Company, Chad and Rebecca Caillier, Intervenors and Appellees and Peter L. Johnson and Suzanne M. Larkin, Intervenors.

Supreme Court of North Dakota.

August 24, 2006.

Attorney(s) appearing for the Case

Troy A. Wolf, Oppegard, Wolf & Quinton, Moorhead, MN, for plaintiff and appellant.

Daniel J. Frisk (appeared), Bredahl, Fisher, Frisk & Grande, Fargo, ND, and Sean J. Mickelson (argued), Terhaar, Archibald Pfefferle Griebel, LLP, Minneapolis, MN, for intervenors and appellees.

CROTHERS, Justice.

[¶ 1] ACUITY appeals from a summary judgment declaring it was obligated under a commercial general liability insurance ("CGL") policy to indemnify its insured, Burd & Smith Construction, Inc., for Burd & Smith's responsibility for damages to an apartment building owned by Chad and Rebecca Caillier. We conclude the CGL policy does not provide coverage to repair or replace a defective roof on the apartment building, but does provide coverage...

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