Shane Traylor Cabinetmaker, L.L.C., and Michael Shane Traylor v. American Resources Insurance Company, Inc.

Summary

The court affirmed summary judgment for American Resources, holding that the counterclaim did not allege an occurrence triggering a duty to defend or indemnify under the business-liability policy. The counterclaim alleged only defective workmanship, repair or replacement of that work, and mental-anguish claims arising from ownership and lien disputes, without alleging damage to other property or another harmful condition. The court also held that the products-completed-operations provisions did not apply because the alleged misrepresentations did not concern the fitness, quality, durability, performance, or use of the insureds' work. Justice Murdock, concurring specially, questioned the precision of the court's formulation concerning faulty workmanship and occurrences but agreed with the result.