In the case of Zurich v. Big D v. Schwieters and Westfield, involving 24 million dollars in claimed damages, Westfield Insurance Company’s insured subcontractor installed non-fire retardant lumber at four construction projects and was sued when the lumber had to be removed and replaced. The subcontractor tendered the cases to Westfield for defense and indemnity. Westfield declined the tender because its policy was not triggered because there was no “property damage.” The only damage was done intentionally as part of the repair and replacement of the incorrect lumber and insurance policies are not intended to provide coverage for such damages. Deborah Eckland and Elizabeth Taylor opposed the subcontractor’s Motion for Summary Judgment in which it sought a declaration that Westfield has a duty to defend the lawsuits. The Hennepin County District Court agreed that there is no “property damage” as defined by the policy and ruled that Westfield has no duty to defend the insured.