In Westfield Insurance Company v. Kroiss, 694 N.W.2d 102 (Minn. App. 2005), the Minnesota Court of Appeals held that an insurer had a duty to defend its homebuilder policyholder against lawsuits for water damage allegedly caused by defective construction during the insurer's policy period.
Insurer Must Defend Homebuilder for Defective Construction Regardless of Whether Complaint Alleges Water Damage During Policy Period
In <i>Westfield Insurance Company v. Kroiss</i>, 694 N.W.2d 102 (Minn. App. 2005), the Minnesota Court of Appeals held that an insurer had a duty to defend its homebuilder policyholder against lawsuits for water damage allegedly caused by defective construction during the insurer's policy period. The court further found that the policyholder was entitled to both fees and costs for its successful coverage action and relating to the underlying claims that were defended by other insurers.
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