South Dakota High Court: Insured’s Failure To Test Soil Is An ‘Occurrence’

Mealey's (September 7, 2017, 8:05 AM EDT) -- PIERRE, S.D. — A general contractor’s alleged failure to test soil at a construction site was an “occurrence” triggering coverage, the South Dakota Supreme Court ruled Aug. 23, finding that a commercial general liability insurer has a duty to defend the contractor against homeowners’ underlying lawsuit for damages (Owners Insurance Co. v. Tibke Construction Inc., et al., Nos. 27932, 27969, 27938 & 27955, S.D. Sup., 2017 S.D. LEXIS 106)....

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