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”
Tag: 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”
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”
John S. Prisco | Stark & Stark Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be… Continue reading Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”