Claim For Insurance Coverage Under Commercial General Liability Policy For Damages Incurred By Contractor In The Course Of Construction Project Defeated By Michael F. Schmidt Who Obtained Summary Disposition From The Trial Court

Kent Companies, Inc. v Wausau Insurance Companies, Kent County Circuit Court. Claim by the insured, Kent Companies, Inc., for recovery of alleged damages charged to Kent by the general contractor, Rockford Pepper Construction Company, arising out of the J. W. Marriott Hotel Project in downtown Grand Rapids. After discovery we filed a motion for summary disposition arguing that there was no coverage for any of the claims under the commercial general liability policy issued by Wausau because there was no “occurrence”, no “property damage”, and that exclusions (k) for your product, exclusion (l) for your work, exclusion (m) for impaired property and exclusion (n) for recall and replacement all applied to exclude coverage. Kent filed a cross-motion for summary disposition arguing that coverage applied and that none of the exclusions applied. After substantial briefing by both parties, the court heard oral argument and granted summary disposition in favor of Wausau that there was no coverage. Kent then filed a rehearing which was also denied.