{
  "id": 1636902,
  "name": "H. Gordon GREGSON v. GREAT AMERICAN INSURANCE CO.",
  "name_abbreviation": "Gregson v. Great American Insurance",
  "decision_date": "1971-05-24",
  "docket_number": "5-5551",
  "first_page": "808",
  "last_page": "811",
  "citations": [
    {
      "type": "official",
      "cite": "250 Ark. 808"
    },
    {
      "type": "parallel",
      "cite": "467 S.W.2d 173"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "453 S. W. 2d 28",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "case_ids": [
        1597698
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/248/0673-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T16:35:57.384009+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "H. Gordon GREGSON v. GREAT AMERICAN INSURANCE CO."
    ],
    "opinions": [
      {
        "text": "Conley Byrd, Justice.\nAppellant H. Gordon Gregson brought suit pursuant to Ark. Stat. Ann. \u00a7 66-3240 (Repl. 1966) directly against appellee Great American Ins. Co. to recover damages for bodily injuries sustained on April 20, 1968, when he slipped and fell in a completed portion of the Rebsamen Park Golf Club House owned by the City of Little Rock. After our mandate in the previous appeal, Gregson v. Great American Ins. Co., (May 4, 1970), 453 S. W. 2d 28, the trial court sustained appellee\u2019s motion to dismiss appellant\u2019s complaint as to it because its policy did not cover any bodily injury arising out of the operation of the premises when the portion of the work out of which the injury arose had been put to its intended use.\nThe policy here issued, number 1-25-36-02, is entitled \u201cGENERAL-AUTOMOBILE LIABILITY POLICY\u201d. Under item No. 1, the NAMED INSURED is designated as \u201cCity of Little Rock, Ark. and Horace A. Piazza, Architect, 1515 Building, Little Rock, Ark.\u201d The policy period is from 8/24/67 to 8/24/68. Under item No. 3 on insurance afforded, the blocks on the form are not checked but typed in on the form is the notation \u201cSee Endorsement 6153b attached.\u201d\nEndorsement 6153b is entitled \u201cOWNERS\u2019, LANDLORDS\u2019 AND TENANTS\u2019 LIABILITY INSURANCE COVERAGE FOR DESIGNATED PREMISES AND RELATED OPERATIONS IN PROGRESS INCLUDING STRUCTURAL ALTERATIONS, NEW CONSTRUCTION AND DEMOLITION.\u201d In the blank portion of the form entitled \u201cPremises-Operations\u201d appears the typed notation: \u201cCoverage operations: Construction of Club House and remodeling at Rebsamen Park in accordance with the plans and specifications of Horace A. Piazza, Architect.\u201d Under \u201cCoverage\u201d form 6153b provides:\n\u201cThe company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of. . . bodily injury. . . to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use of the insured premises and all operations necessary or incidental thereto. . . .\u201d\nUnder \u201cExclusions\u201d the endorsement provides:\n\u201cThis insurance does not apply: (a) . . . (m) to bodily injury . . . included within the COMPLETED OPERATIONS HAZARD....\u201d\nThe policy, as distinguished from the endorsement, provides under the heading \u201cDefinitions\u201d as follows:\n\u201cWhen used in this policy . . . \u201cCOMPLETED OPERATIONS HAZARD\u201d includes bodily injury . . . arising out of operations. . . , but only if the bodily injury . . . occurs after such operations have been completed . . . and occurs away from premises owned by . . . the NAMED INSURED. . . . Operations shall be deemed completed at the earliest of the following times:\n\u201c(B) When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.\u201d\nTo sustain the dismissal by the trial court, Great American only relies upon the exclusion that: \u201cThis insurance does not apply (a) . . . (m) to bodily injury . . . included within the COMPLETED OPERATIONS HAZARD. . It then points out that under the definition of \u201cCOMPLETED OPERATIONS HAZARD\u201d an operation is deemed to be completed when the portion of the work out of which the injury arises has been put to its intended use.\nWe disagree with Great American\u2019s argument because, as we understand the Exclusion, the \u201cOwners\u2019, Landlords\u2019 and Tenants\u2019 Liability Coverage\u201d applies unless the injury is one that is included in the definition \u201cCompleted Operations Hazard\u201d. The injury here admittedly occurred upon the policy-designated premises owned by the City of Little Rock, the NAMED INSURED. As we read the definition of \u201cCompleted Operations Hazard\u201d, it is required that the injury must occur away from the premises of the City of Little Rock, as well as occur after the operations have been completed. As thus read the definition provides: \u201cCompleted Operations Hazard includes bodily injury . . . arising out of operations . . . but only if the bodily injury ... (1) occurs after such operations have been completed . . . and (2) occurs away from premises owned by the City of Little Rock (the named insured).\u201d\nSince the injury here admittedly occurred upon premises owned by the named insured, it follows that the trial court improperly ruled that the coverage provided under the \u201cOwners\u2019, Landlords\u2019 and Tenants\u2019 Liability Insurance Coverage\u201d was excluded.\nReversed and remanded.",
        "type": "majority",
        "author": "Conley Byrd, Justice."
      }
    ],
    "attorneys": [
      "Gannaway, Darrow \u00e9r Hansh\u00e1w, for appellant.",
      "John M. Lofton Jr., for appellee."
    ],
    "corrections": "",
    "head_matter": "H. Gordon GREGSON v. GREAT AMERICAN INSURANCE CO.\n5-5551\n467 S. W. 2d 173\nOpinion delivered May 24, 1971\nGannaway, Darrow \u00e9r Hansh\u00e1w, for appellant.\nJohn M. Lofton Jr., for appellee."
  },
  "file_name": "0808-01",
  "first_page_order": 838,
  "last_page_order": 841
}