Thais Passerieu | Butler Weihmuller Katz Craig In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al.,[1] the Court granted summary judgment to the Plaintiffs and held that a series of leaks occurring over… Continue reading Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language
Tag: Occurrence
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
Eric B. Hermanson and Austin D. Moody | White and Williams In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized]… Continue reading Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Jared De Jong and Scott S. Thomas | Payne & Fears In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land… Continue reading California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Intentional Act Without Intent to Harm May Not Be an Occurrence
Alycen A. Moss, Elliot Kerzner and Teri Mae Rutledge | Cozen O’Connor An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured who hired contractors to level land and clear trees on… Continue reading Intentional Act Without Intent to Harm May Not Be an Occurrence
Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Lorelie S. Masters, Patrick M. McDermott & Rachel E. Hudgins | Hunton Andrews Kurth In this final post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the known loss doctrine and its interpretation of “occurrence” in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). Personal injury claims against… Continue reading Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”