Dennis Teufel v. American family/kerry Hanson

Summary

The court held that a homeowner’s policy exclusion for personal liability “under any contract or agreement” does not eliminate the insurer’s duty to defend a builder-vendor against a negligence claim alleging property damage from negligent excavation. The negligence claim arose from an independent common-law duty to construct the home as a reasonable builder would, rather than from the purchase contract, so the exclusion did not apply. The court reversed the superior court’s summary judgment regarding the 82nd Place policy and remanded; no separate opinions were filed.