National Mutual Insurance Co. v. McMahon and Sons
West Virginia Supreme Court of Appeals
356 S.E.2d 488 (1987)
- Written by Rich Walter, JD
Facts
McMahon and Sons, Inc. (McMahon) (defendant) contracted to build a house for McMahon’s president. McMahon’s workers were on the premises when the partially completed structure burned down. National Mutual Insurance Company (National Mutual) (plaintiff), which insured McMahon’s general-contracting activities, sued for a declaratory judgment that an exclusionary clause in McMahon’s insurance policy relieved National Mutual of liability for property damaged while under the insured’s care, custody, or control. The trial court entered judgment for National Mutual. McMahon appealed to the West Virginia Supreme Court of Appeals. As a threshold matter, the high court found that the trial court’s limited findings of fact made it impossible to determine whether the ambiguously worded exclusionary clause was applicable under the circumstances of the case.
Rule of Law
Issue
Holding and Reasoning (McGraw, C.J.)
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