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· 6/15/2010

D.R. Sherry Construction, Ltd. v. American Family Mutual Insurance Co.

Citations

  • 316 S.W.3d 899
  • 2010 Mo. LEXIS 178
  • 2010 WL 2513794

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a breach of contract claim requires \a contract between ... the parties\
  • holding coverage triggered when home is built on fill dirt rather than when cracks in the foundation appeared from progressive damage
  • finding sufficient evidence that cause of damage to home constituted an insurable occurrence where insured homebuilder testified that his company did not foresee that home would suffer damage from settlement of soil
  • “As with any other contract, the interpretation of an insurance contract is generally a question of law, particularly in reference to the question of coverage.”
  • accidental damage insurance policy commits insurer to pay damages within policy’s terms
  • “To make a submissible case for its breach of contract claim, [defendant] was required to present evidence from which the jury could have a reasonable basis for finding that . . . [plaintiff] breached its obligation under the contract . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard B. Teitelman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.