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Brake Landscaping & Lawncare, Inc. v. Hawkeye-Sec. Ins. Co., No. 09-3874

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By FindLaw Staff on November 01, 2010 1:32 PM

Denial of Insurance Coverage Affirmed

In Brake Landscaping & Lawncare, Inc. v. Hawkeye-Sec. Ins. Co., No. 09-3874, an action against two insurers arising out of their denial of coverage under two insurance policies, the court affirmed summary judgment for defendants where the policies' business risk exclusions barred claims arising out of the improper spraying of pesticides on plaintiff's lawn.

As the court wrote:  "Brake Landscaping & Lawncare, Inc. ("Brake") appeals from an adverse entry of summary judgment in its action against Hawkeye-Security Insurance Company ("Hawkeye") and The Midwestern Indemnity Company ("Midwestern") arising out of the insurance companies' denial of coverage under two insurance policies. Brake sought coverage for costs incurred in re-sodding and re-seeding sections of its customers' lawns after an employee mistakenly sprayed them with non-selective herbicide, which killed the grass. The district court granted summary judgment in favor of Hawkeye and Midwestern. We affirm."

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