Western World Insurance Co. v. H.D. Engineering Design & Erection Co.

419 N.W.2d 630, 1988 Minn. App. LEXIS 56, 1988 WL 9939
CourtCourt of Appeals of Minnesota
DecidedFebruary 16, 1988
DocketC4-87-1689
StatusPublished
Cited by8 cases

This text of 419 N.W.2d 630 (Western World Insurance Co. v. H.D. Engineering Design & Erection 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
Western World Insurance Co. v. H.D. Engineering Design & Erection Co., 419 N.W.2d 630, 1988 Minn. App. LEXIS 56, 1988 WL 9939 (Mich. Ct. App. 1988).

Opinion

OPINION

NORTON, Judge.

This is a declaratory judgment action brought by Western World Insurance Company (Western) on the basis that it had no duty to defend and indemnify its insured, H.D. Engineering Design & Erection Company (H.D.). The claims were made by Med-Tek, Inc. (Med-Tek) and Olson Concrete Company (Olson) arising from the collapse of structural steel on Med-Tek’s property. After a court trial on stipulated facts, the trial court held that appellant was under a duty to defend H.D. against the claims of Med-Tek and Olson, and that appellant had a duty to indemnify H.D. for the claimed damages of Med-Tek and Olson except attorney fees. Judgment was entered pursuant to that order on June 3, 1987. The court rejected appellant’s motion for amended findings by order dated July 9, 1987. Western appeals from the judgment and from the July 9, 1987 order. In an October 28, 1987 order, the court of appeals dismissed with prejudice the portion of the appeal concerning Med-Tek pursuant to a joint stipulation between appellant and respondent Med-Tek.

FACTS

This action arises out of the collapse of structural steel for which respondent Olson was the general contractor. The structure was under construction as an addition to an existing warehouse for Med-Tek. Olson subcontracted with respondent H.D. to construct the addition. Olson was to provide all materials and H.D. was to provide services. The structure collapsed when H.D. employees negligently placed materials on the roof of the only partially completed structure. As a result of the collapse of the structure, both Med-Tek and Olson made claims against H.D. Olson’s claim covered damages for the increased costs caused by the loss of use of the property damaged or destroyed by H.D.’s negligence. Olson does not claim reimbursement for the services which H.D. contracted to supply for $37,500. H.D. sought coverage and defense from its insurer, appellant Western.

The stipulated facts relevant to this appeal follow:

2. On or about August 22, 1985, H.D. Engineering entered into a standard subcontract agreement with Olson Concrete to “receive, unload, erect and insulate” a Star Manufacturing metal building. * * *

3. Olson Concrete furnished the structural steel, insulation and roof decking materials to be used in the erection and insulation of the Star Manufacturing metal building.

4. Olson Concrete erected concrete block walls, poured the concrete floor and inserted anchoring bolts in the foundation on the Med-Tek construction site prior to the time H.D. Engineering began to erect the structural steel on the project.

5. H.D. Engineering began to work on the Med-Tek project on August 30, 1985.

6. The actual erection of the steel framework on the Star Manufacturing building began on or about August 81, 1985.

7. No Olson Concrete labor crews were working on the Med-Tek project during the erection of the structural steel components by H.D. Engineering. Except as noted in paragraph 8 below, no other person, corporation, contractor, or subcontractor was working on the Med-Tek project during the erection of the structural steel components by H.D. Engineering.

8. Other than H.D. Engineering personnel or its subcontractors, the only people on the job site during the erection of the steel were Olson Concrete’s construction project manager, Jack Jarrard, and his supervisor trainee, Scott Bergman.

9. On September 3, 1985, the steel erection was approximately 50% completed.

10. By September 4, 1985, H.D. Engineering had erected three of the four steel “bays” called for in the project. Most of *632 the beams and joists were assembled, but the bolts had not been completely installed and finally tightened.

11. At least six bundles of roof decking materials were placed at the top of the erected steel by H.D. Engineering on September 4, 1985.

12. The steel erected by H.D. Engineering collapsed sometime during the night of September 4 or early morning hours of September 5, 1985. Olson Concrete and Med-Tek claim that the steel collapse was caused solely by the negligence of H.D. Engineering and further claim that the damages hereafter claimed by Olson Concrete and Med-Tek were solely caused by the negligence of H.D. Engineering.

13. Olson Concrete Co. and Med-Tek claim that H.D. Engineering personnel recognized the risk that placing the bundles of roof decking materials on top of the loosely bolted frame would cause the frame to shift and lean. Olson Concrete Co. and Med-Tek further claim that H.D. Engineering attempted to brace the structure using six (6) strands of Vt" steel cable that had been used on the site by Olson Concrete Co. in the erection of concrete block walls. Olson Concrete and Med-Tek further claim that H.D. Engineering placed four (4) of the six (6) strands in a manner that would tend to prevent the frame from falling against the existing Med-Tek building located to the east and two (2) of the six (6) strands iñ a manner tending to secure the frame from falling toward the west. Olson Concrete and Med-Tek claim that the unequal bracing along with the weight and loosely bolted connections of the structure all were factors contributing to the collapse of the steel toward the west. For purposes of this action and this action only, Western World does not dispute these claims, but it is Western world’s position that these claims are irrelevant to the coverage issues presented in this action.

14. No one was on the construction site at the time of the collapse.

15. The structural steel furnished by Olson concrete for H.D. Engineering to use in the erection of the Star Manufacturing metal building was substantially destroyed by the collapse of the building.

16. The roof decking and insulating materials furnished by Olson Concrete for H.D. Engineering to use in the erection of the Star Manufacturing building were partially destroyed by the collapse of the structural steel. Concrete block walls and anchoring bolts installed by Olson Concrete on the Med-Tek project site were damaged by the collapse by the structural steel.

17. The completion of the Med-Tek project was delayed for some months by the collapse of the structural steel. Both Med-Tek and Olson Concrete claim they were damaged by the delay caused on the project.

18. Olson Concrete has brought a lawsuit against H.D. Engineering seeking damages allegedly resulting from the collapse of the structural steel.

19. The various elements of losses claimed by defendant Olson Concrete are as follows:

1) Loss of all primary and secondary structural steel;
b) Loss of 73% of the roof decking materials;
c) Loss of 43% of the rigid insulation materials;
d) Loss of metal railings and other miscellaneous work;
e) Dismantling and removal of damaged steel and debris;
f) Remedial design, engineering, reconstruction of damaged concrete and masonry, footings, foundation and anchoring apparatus;
g) Additional cost of steel erection in winter; and

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Bluebook (online)
419 N.W.2d 630, 1988 Minn. App. LEXIS 56, 1988 WL 9939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-world-insurance-co-v-hd-engineering-design-erection-co-minnctapp-1988.