Missouri Court of Appeals, Western District / May 1, 2018
The View Home Owners Association vs. The Burlington Insurance Company
The View Home Owner's Association (VHOA) appealed the grant of summary judgment in favor of The Burlington Insurance Company (TBIC) on claims for breach of contract and bad faith failure to defend. The VHOA had obtained a judgment against The View, LLC, for construction defects and then pursued TBIC as an assignee of The View's claims under a commercial general liability policy. The appellate court affirmed, holding that the policy did not cover claims for construction defects as they did not arise from an "occurrence" and were excluded as "completed operations."