Bresee Homes, Inc. v. Farmers Insurance Exchange
Oregon Supreme Court
293 P.3d 1036 (2012)
- Written by Rich Walter, JD
Facts
Several years after moving into their new house, the homebuyers sued the builder, Bresee Homes, Inc. (Bresee) (plaintiff), for damages related to the house’s allegedly faulty construction. Bresee tendered the homebuyers’ complaint to its insurer, Farmers Insurance Exchange (Farmers) (defendant) and requested that Farmers honor the duty-to-defend clause in its commercial general liability (CGL) insurance policy. Although the policy covered damages such as those alleged by the homebuyers, Farmers nevertheless denied the tender, citing the policy’s products-completed operations clause, which excluded coverage for damages occurring after Bresee completed construction and turned a house over to its owners. Bresee sued Farmers for breach of contract and a declaratory judgment confirming Farmers’ duty to defend and indemnify Bresee against the homeowners’ claims. The trial court denied Bresee’s motion for summary judgment and entered summary judgment for Farmers. The intermediate appellate court affirmed. Bresee appealed to the Oregon Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Durham, J.)
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