In Liberty Mutual Fire Insurance Company v. J M smith Corporation, No. 7:12-2824-TMC, 2013 WL 5372768 (D.S.C.), Liberty Mutual filed a declaratory judgment action against its insured in South Carolina Federal Court. The suit sought a finding that the State of West Virginia’s suit against J M Smith did not invoke the defense obligation of a general liability policy Liberty Mutual provided to J M Smith. On cross-motions for summary judgment, the district court concluded the suit alleged an “occurrence,” and Liberty Mutual had a duty to defend the suit.
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