John Dostart v. Columbia Insurance Group

Summary

The court held that the Dostarts’ judgment for consumer fraud was not covered under the contractor’s commercial-general-liability policy because the underlying conduct was not an “occurrence” and the claimed losses did not constitute covered “property damage.” The court concluded that the damages were essentially the costs of completing the contracted construction and consequential costs from delayed completion, rather than damage to other property. It vacated the court of appeals’ decision, reversed the district court, and remanded for entry of summary judgment for Columbia.