Dennis E. Teufel, Plaintiff/appellant/cross-Appellee v. American Family Mutual Insurance Company, a Foreign…

Summary

The court held that a homeowner's policy exclusion for personal liability "under any contract or agreement" did not eliminate the insurer's duty to defend a builder-vendor against the buyer's negligent-excavation claim. The exclusion was ambiguous and did not apply to a stand-alone tort claim arising from the builder's common-law duty to construct a home with reasonable care. The court therefore reversed the superior court's summary judgment concerning the 82nd Place Property policy and remanded for further proceedings.