VILLAGE AT DEER CREEK v. MID-CONTINENT

Nos. WD76191, WD76192.

432 S.W.3d 231 (2014)

The VILLAGE AT DEER CREEK HOMEOWNERS ASSOCIATION, INC., Respondent, v. MID-CONTINENT CASUALTY COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2014.

Application for Transfer Denied June 24, 2014.


Attorney(s) appearing for the Case

Scott C. Long and John R. Weist , Overland Park, KS, for respondent.

Vincent F. O'Flaherty and Levon G. Hovnatanian , Kansas City, MO, for appellant.

Before Division One: CYNTHIA L. MARTIN, Presiding Judge, MARK D. PFEIFFER, Judge and KAREN KING MITCHELL, Judge.


CYNTHIA L. MARTIN, Judge.

Mid-Continent Casualty Company ("Mid-Continent") appeals a multi-million dollar judgment entered in favor of The Village at Deer Creek Homeowners Association, Inc. ("Association") in an equitable garnishment proceeding tried to the court. Because we conclude that a judgment awarded to the Association against Mid-Continent's insured, Greater Midwest Builders, Ltd. ("GMB"), was for "property damage" caused by an "occurrence" as defined in Mid...

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