United States Eighth Circuit

In an insurance coverage dispute, grant of defendant-insurer's motion to dismiss is reversed and remanded for further proceedings regarding whether an exception to a policy exclusion applied. Specifically, plaintiff should be allowed to conduct limited discovery regarding whether subcontractors poured or leveled a basement floor or performed the work which suffered water damage as a result of the improperly graded basement floor.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jaren Lee Johnson, argued, Renee I. Fossen, on the brief, Eagan, MN, for appellant Jonathan Aten., Richard Gary Jensen, argued, Dean B. Thomson and Kyle E. Hart, on the brief, Minneapolis, MN, for amici Associated General Contractors of Minnesota and Associated General Contractors.


• For Appellees:
  
• Stacy Ann Broman, argued, Bradley M. Jones and Steven C. Wang, on the brief, Minneapolis, MN, for appellee.