Remodeling Dimensions, Inc. v. Integrity Mutual Insurnce Co.

806 N.W.2d 82, 2011 Minn. App. LEXIS 80, 2011 WL 2519203
CourtCourt of Appeals of Minnesota
DecidedJune 21, 2011
DocketNo. A10-1992
StatusPublished
Cited by2 cases

This text of 806 N.W.2d 82 (Remodeling Dimensions, Inc. v. Integrity Mutual Insurnce Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Remodeling Dimensions, Inc. v. Integrity Mutual Insurnce Co., 806 N.W.2d 82, 2011 Minn. App. LEXIS 80, 2011 WL 2519203 (Mich. Ct. App. 2011).

Opinion

OPINION

JOHNSON, Chief Judge.

An arbitrator ordered a general contractor to compensate two homeowners whose home had sustained damage due to moisture intrusion. The contractor’s insurer refused to indemnify the contractor for its liability to the homeowners. The district court ruled that, as a matter of law, the insurance company is obligated to indemnify the contractor. We conclude that the district court erred by resting its decision on the fact that the attorney retained by the insurance company to represent the contractor in the arbitration proceeding failed to timely request a statement of reasons for the arbitration award. We further conclude that the contractor is not entitled to indemnification for liability arising from its own defective work or its alleged failure to inform the homeowners of pre-existing damage caused by other contractors. Therefore, we reverse the district court’s entry of summary judgment in favor of the contractor and hold that the insurance company is entitled to summary judgment in its favor.

FACTS

In January 2003, Mike and Peggy Pro-venzano hired Remodeling Dimensions, Inc. (hereinafter RDI), to perform work on their home in the city of Shoreview. A written agreement required RDI to build a ground-level, flat-roof addition to the home, which originally was built in 1993. The agreement provided that any disputes arising under the agreement would be submitted to the American Arbitration Association.

While RDI was working on the addition, the Provenzanos asked RDI to remove and reinstall a window to the master bedroom, which is in the original part of the home, so that the Provenzanos could move a large armoire into the bedroom. RDI [86]*86agreed to the request and removed and reinstalled the window. This work is not reflected in the written agreement or a change order. RDI completed all work on the addition and the master-bedroom window in June 2008.

In May 2004, the Provenzanos noticed damage to the siding of the addition. The Provenzanos hired an inspector, who concluded in July 2004 that some exterior walls of the addition had “higher than normal moisture readings.” In the spring of 2006, the Provenzanos hired Northwest Diversified Services (hereinafter NDS) to investigate moisture problems in the home. NDS identified construction defects and moisture intrusion in both the original part of the home and the 2008 addition.

In July 2006, the Provenzanos filed an arbitration demand against RDI, alleging that RDI is liable for the damage that was discovered by NDS. The Provenzanos alleged that RDI’s work on the 2003 addition was defective. Specifically, the Provenza-nos alleged that RDI improperly installed the flat roof and improperly applied window trim. The Provenzanos also alleged that RDI negligently failed to inform them of pre-existing moisture damage in the original part of the home, which allegedly was visible when RDI removed and reinstalled the master-bedroom window. The Provenzanos sought $264,100 in damages.

RDI tendered the Provenzanos’ claim to Integrity Mutual Insurance Company, which had provided it with a commercial general liability (CGL) insurance policy. In September 2006, Integrity Mutual agreed to defend RDI against the Proven-zanos’ claims and retained an attorney to represent RDI in the arbitration proceeding. Integrity Mutual provided a defense to RDI pursuant to a reservation of rights.

In January 2007, the arbitrator presided over a two-day hearing at the Provenza-nos’ home. In February 2007, the arbitrator issued a written award ordering RDI to pay to the Provenzanos the following amounts of damages:

Basic house repairs $45,000
Flat roof repair 2,000
Replacement window costs 0
Final cleaning 1,000
NDS inspection costs 0
Design costs 0
Construction management fees 3,000
TOTAL AWARD: $51,000

Upon receiving the arbitration award, RDI’s attorney requested that the arbitrator provide an explanation of the award. In March 2007, the arbitrator denied RDI’s request on the ground that neither party had requested an explanation of the award in writing before the appointment of the arbitrator, as required by rule 43(b) of the American Arbitration Association.

Integrity Mutual refused to indemnify RDI on the grounds, among others, that RDI’s failure to inform the Provenzanos of pre-existing defects and moisture damage is not an “occurrence” and that RDI’s defective work on the addition is subject to a “your work” exclusion. RDI paid $51,000 to the Provenzanos to satisfy the arbitration award.

In May 2010, RDI commenced this action, alleging a breach of contract and seeking damages for Integrity Mutual’s failure to provide indemnification. RDI sought $49,000 in damages, conceding that the $2,000 in damages for flat-roof repair is within the “your work” exclusion. In July 2010, the parties filed cross-motions for summary judgment. In September 2010, the district court granted RDI’s motion and denied Integrity Mutual’s motion. The district court reasoned that, because the arbitrator did not provide an explanation of the arbitration award, the district court was unable to determine the basis or bases of RDI’s liability to the Provenzanos. The district court stated that RDI’s attor[87]*87ney was responsible for the lack of an explanation of the arbitration award but that Integrity Mutual was responsible for RDI’s attorney’s omission. Accordingly, the district court concluded that Integrity Mutual may not deny coverage on the ground that the policy does not cover liability based on some, but not all, of the theories advanced by the Provenzanos at arbitration. Integrity Mutual appeals.

ISSUES

I. If an attorney representing an insured in an arbitration proceeding fails to timely request an explanation of an arbitration award, is the insurer that retained the attorney responsible for the attorney’s omission so as to prevent the insurer from denying coverage?

II. Is there a genuine issue of material fact as to whether Integrity Mutual is obligated to indemnify RDI for its liability to the Provenzanos?

ANALYSIS

Integrity Mutual argues that the district court erred by granting RDI’s motion for summary judgment and denying its own motion for summary judgment. Integrity Mutual’s argument has two main parts. First, Integrity Mutual argues that the district court erred by reasoning that Integrity Mutual may not deny coverage on the ground that RDI’s attorney did not timely request an explanation of the arbitration award. Second, Integrity Mutual argues that there is no genuine issue of material fact as to whether RDI is entitled to indemnification pursuant to the insurance policy issued by Integrity Mutual.

A district court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.” Minn. R. Civ. P. 56.03. “On an appeal from summary judgment, we ask two questions: (1) whether there are any genuine issues of material fact and (2) whether the [district] court[ ] erred in [its] application of the law.” State by Cooper v. French,

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Related

Remodeling Dimensions, Inc. v. Integrity Mutual Insurance Co.
819 N.W.2d 602 (Supreme Court of Minnesota, 2012)
Nelson v. American Home Assurance Co.
824 F. Supp. 2d 909 (D. Minnesota, 2011)

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Bluebook (online)
806 N.W.2d 82, 2011 Minn. App. LEXIS 80, 2011 WL 2519203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remodeling-dimensions-inc-v-integrity-mutual-insurnce-co-minnctapp-2011.