Missouri Court of Appeals, Western District / Feb 4, 2020
American Family Mutual Insurance Company vs. Robert M. Sharon
Robert Sharon appealed a declaratory judgment in favor of American Family Mutual Insurance Company, which had found no duty to defend or indemnify its insureds (the Schwenzers) against Sharon's claims of negligent misrepresentation and unlawful merchandising practices related to water damage in a home he purchased from them. The appellate court reversed and remanded, concluding that Sharon's claim for post-sale water damage resulting from negligent misrepresentation could constitute a covered "occurrence" under the homeowners' policy. The court further found that the trial court erred in applying the owned-property, expected-or-intended, and contract-liability exclusions to bar coverage for this specific claim, thus establishing American Family's duty to defend.