Occurrence Archives - United Policyholders

Occurrence

Washington

In its amicus brief, United Policyholders addresses the issue of “non-retroactive claims-made coverage,” a highly unusual and notorious type of insurance that ostensibly requires that both (1) the conduct giving rise to an insurance claim and (2) the insurance claim itself to occur during the…

Plastics Engineering Company vs. Liberty Mutual Insurance Company

Year: 2007

Court: Wisconsin Supreme Court

Case Number: Appeal No. 2008AP333

Issue:

Allocation
Occurrence

State:

Wisconsin

Because the incident giving rise to liability was each individual plaintiff’s continuous or repeated exposure to asbestos and not the business decision to manufacture asbestos or a failure to protect against their alleged hazards, the only plausible way to interpret “occurrence” is that it refers…

Cypress Point Condominium Association v. Evanston Insurance Co. et al

Year: 2016

Court: New Jersey Supreme Court

Case Number: A-13/14/15 (076348)

Issue:

Occurrence

State:

New Jersey

The vast majority of states that have addressed the issue of what is an “occurrence” under a commercial general liability policy have reached the conclusion that construction defect claims are within coverage. Since an “occurrence” is defined as an “accident” courts in many states, including…