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K & L HOMES v. AMERICAN FAMILY MUT. INS.

No. 20120060.

829 N.W.2d 724 (2013)

2013 ND 57

K & L HOMES, INC., Plaintiff and Appellant v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

April 5, 2013.

Attorney(s) appearing for the Case

Troy A. Wolf , Moorhead, MN, for plaintiff and appellant.

Scott D. Jensen , Grand Forks, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] K & L Homes, Inc. ("K & L") appeals the trial court's summary judgment declaring no coverage existed under K & L's commercial general liability ("CGL") policy with American Family Mutual Insurance Company ("American Family") for damages awarded against K & L in an underlying action. We conclude there can be an "occurrence" under the CGL policy under the facts of this case. Therefore, we reverse the summary judgment and remand...

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