192050P.pdf   05/12/2020  American Family Mutual Ins. Co  v.  Lehenbauer Farms, Inc.
   U.S. Court of Appeals Case No:  19-2050
                          and No:  19-2171
   U.S. District Court for the Eastern District of Missouri - Hannibal   
   [PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges] 
   Civil case - Insurance. American Family's insured, Mid-American, 
   constructed a grain distribution facility for Lehenbauer and sued 
   Lehenbauer after the contract was terminated; Lehenbauer counterclaimed 
   for breach of contract, breach of implied duties of workmanlike 
   performance and fitness for purpose, as well as negligence. American 
   Family brought this declaratory judgment to determine if it had duty to 
   defend and indemnify Mid-American on the counterclaims. Held: 
   Mid-American's alleged defective construction work is not an occurrence 
   for purposes of the policy; the damages sought in the counterclaim are the 
   normal, expected consequences of the allegedly shoddy work, and were 
   foreseeable as a matter of law; Mid-American's work is not not an accident 
   and thus not an occurrence under the policy.