Construction firm's insurance claim for defective work is denied

Kent Companies, Inc., sued its insurer, Wausau, after it was required to tear out concrete work it performed on the Marriott Hotel in Grand Rapids.  The sub-contractor had damaged ice melting tubing under the concrete slab in the process of pouring the slab.  When it turned the damage claim over to Wausau, the insurer cited an exclusion in the policy that denied liability for damages caused by the insured's defective or inadequate work.  It also argued that there had been no "occurrence" as required under the policy.  The trial court and the Court of Appeals upheld the policy exclusion and denied coverage.