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Employers Mutual Casualty Co. v. Fisher Builders, Inc.

Employers Mutual Casualty Co. v. Fisher Builders, Inc., 2016 MT 91 (April 19, 2016) (Rice, J.) (5-0, rev’d)

Issue: (1) Did the district court err in concluding the alleged acts and their consequences were not an “occurrence” under the policy; and (2) whether the district court erred in granting summary judgment to Employers Mutual Casualty (EMC).

Short Answer: (1) Yes, clarifying previous precedent; and (2) yes.

Reversed and remanded

Facts: Jerry and Karen Slack have owned a vacation home on Flathead Lake since 1969. In 2007, the Slacks hired Fisher Builders to build a remodeled home that would serve as the Slacks’ year-round residence. In order to maintain the home’s status as an acceptable non-conforming property use under Lake County zoning laws, the remodeled home had to incorporate the existing structure.…