Eubanks, et al. v. Philadelphia Indemnity Insurance Co., et al.
Year 2026
Court Supreme Court of Georgia
Case Number S26C1196
Issue
  • Occurrence
State
  • Georgia

In its amicus brief, United Policyholders urges the Georgia Supreme Court to review and reverse the Court of Appeals’ ruling. UP argues that coverage for ongoing mental anguish from childhood sexual abuse should depend on the specific policy language, not a blanket rule that the injury “occurred” only when the abuse first happened.

Related Docs
Author

Christopher S. Anulewicz and Dmitry Epstein of Bradley Arant Boult Cummings LLP

Related Cases
Eubanks, et al. v. Philadelphia Indemnity Insurance Co., et al.
Year: 2026
Court: Supreme Court of Georgia
Case Number: S26C1196
Issue:
  • Occurrence
State:
  • Georgia

In its amicus brief, United Policyholders urges the Georgia Supreme Court to review and reverse the Court of Appeals’ ruling. UP argues that coverage for ongoing mental anguish from childhood sexual abuse should depend on the specific policy language, not a blanket rule that the…
Preferred Contractors Ins. Co. v. Baker and Son Construction, et al.
Year: 2022
Court: Washington Supreme Court
Case Number: 100466-4
Issue:
  • Occurrence
State:
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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:
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State:
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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…