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WESTFIELD INS. CO. v. WENSMANN, INC.

No. A13-0532.

840 N.W.2d 438 (2013)

WESTFIELD INSURANCE COMPANY, Respondent/Cross-Appellant, v. WENSMANN, INC., f/k/a Wensmann Homes of Rochester, Inc., Defendant, Diseworth at Somerby, A Planned Community, Appellant/Cross-Respondent.

Court of Appeals of Minnesota.

December 16, 2013.

Attorney(s) appearing for the Case

Deborah C. Eckland , Scott R. Johnson , Goetz & Eckland P.A., Minneapolis, Minnesota, for respondent/cross-appellant, Westfield Insurance Company.

Douglas A. Boese , Dunlap & Seeger, P.A., Rochester, Minnesota, for appellant/cross-respondent.

Considered and decided by SMITH, Presiding Judge; JOHNSON, Judge; and RODENBERG, Judge.

OPINION

RODENBERG, Judge.

In this insurance coverage appeal, appellant/cross-respondent, Diseworth at Somerby, A Planned Community, argues that the district court erred in granting summary judgment in favor of respondent/cross-appellant, Westfield Insurance Company, concluding that, as a matter of law, the insurance policy at issue excluded coverage for defective construction work because the insured knew of the property damage prior to the inception of...

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