Property Damage, Appeals, Occurrence

Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”

Sheppard Mullin Richter & Hampton LLP on 3/5/2021

Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch...more

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

White and Williams LLP on 1/7/2020

On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more

Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a...

Dorsey & Whitney LLP on 2/16/2018

On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a...more

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s...

McCarter & English, LLP on 8/24/2016

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

Haight Brown & Bonesteel LLP on 5/21/2015

In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident...more

Seventh Circuit: Under Wisconsin Law, “Continuous or Repeated Exposure” Language Means That a Continuous Trigger Theory Applies

Cozen O'Connor on 11/20/2014

Yesterday, in Strauss v. Chubb Indem. Ins. Co., – F.3d – , 2014 WL 6435314, 2014 U.S. App. LEXIS 21794 (7th Cir., Nov. 18, 2014), the Court of Appeals held that the use of the phrase “continuous or repeated exposure” in a...more

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

Cozen O'Connor on 10/19/2012

On October 12, 2012, the Ohio Supreme resolved a longsimmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought...more

Property Damage › Appeals › Occurrence