Tag occurrence
In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →
In Pennsylvania Manufacturers Indem. Co. v. Pottstown Industrial Complex, LP, 2019 WL 3281746, — A.3d —- (Pa. Super. Ct. July 22, 2019), the Pennsylvania Superior Court held an insurer owed a duty to defend its insured against a tenant’s claim… Continue Reading →
In Ohio Northern University v. Charles Construction Services, Inc., 2018 WL 4926159, — N.E.3d —- (Ohio 2018), the Ohio Supreme Court held that claims against an insured for alleged construction defects do not constitute an “occurrence” even if they arise… Continue Reading →
This month, we have reviewed a few 2018 cases in which courts held claims arising out of faulty workmanship did not involve an “occurrence” and were not covered by liability insurance policies under Pennsylvania law. Westfield Ins. Co. v. Icon Legacy… Continue Reading →
Last week, we reviewed Lenick Constr., Inc. v. Selective Way Ins. Co., 2018 WL 2727394, — Fed. Appx. —- (3d. Cir. 2018), a Third Circuit case addressing the scope of coverage for claims arising from faulty workmanship under Pennsylvania law… Continue Reading →
In Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Ins. Co., 900 A.2d 888 (Pa. 2006), the Pennsylvania Supreme Court held that “the definition of ‘accident’ required to establish an ‘occurrence’… cannot be satisfied by claims based upon… Continue Reading →
In Martin/Elias Properties, LLC v. Acuity, 2018 WL 1960872, __S.W.3d__ (Ky. 2018), the Kentucky Supreme Court found the court of appeals correctly applied the principles of Cincinnati Ins. Co. v. Motorist Mut. Ins. Co., 306 S.W.3d 69 (Ky. 2010), and… Continue Reading →
In Harleysville Worcester Insurance Company v. Sharma, et. al, the U.S. District Court for the Eastern District of New York found that a question of fact existed as to whether a doctor accused of sexual abuse possessed the requisite intent… Continue Reading →