Number of Occurrences
Pennsylvania Federal Court Reaffirms Application of Cause Test In Determining Number of Occurrences PDF Print
Number of Occurrences
Written by Gretchen Ramos   
Tuesday, 26 February 2013 14:54

On February 15, in Cincinnati Insurance Company v. Devon International, Inc., Civ. A. No. 11-5930, 2013 WL 592302 (E.D. Pa. Feb. 15, 2013), the United States District Court for the Eastern District of Pennsylvania applied the cause test to find the policyholder’s “single purchase and shipment of defective drywall” was the proximate cause of all injuries and lawsuits against it.”  Id. at *5.

The court relied primarily on the Pennsylvania Supreme Court decision in Donegal Mutual Insurance Co. v. Baumhammers, 938 A.2d 286 (Pa. 2007).   Pursuant to the facts stipulated to by the parties (that some of the underlying plaintiffs allegedly suffered damaged during the first policy period), the court found the single occurrence took place during the first policy period, when “[t]he effects of the imported drywall thus manifested themselves . . . .”  Id. at *6.  Accordingly, the insurer owed no coverage under the second policy period.  Id. at *7.

Attachments:
 Devon Decision[Devon Decision]71 Kb
 
Delaware Supreme Court Rules All Property Damage Claims from a Defective Plumbing Product Constitute a Single Occurrence and That Non-Cumulation Language Does Not Eliminate an Excess Carrier’s Liability PDF Print
Number of Occurrences
Written by Gretchen Ramos   
Tuesday, 29 June 2010 08:18

In Stonewall Insurance Co. v. E.I. du Pont de Nemours & Co., No. 523, 2009, -- A.2d – (Del. Jun 3, 2010), the Delaware Supreme Court ruled that all property damage claims related to a defective plumbing product constituted a single occurrence and that non-cumulation language did not eliminate an excess carrier’s liability.  

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Delaware Court Finds Liability for Multiple Claims of Property Damage Over Several Years to Constitute One Occurrence PDF Print
Number of Occurrences
Written by Robert Binion   
Friday, 31 July 2009 11:13

E.I. du Pont de Nemours was sued for property damage from allegedly defective plumbing systems sold from 1978 to 1989.  The policyholder settled with several of its carriers and, in litigation, focused on insurers that issued coverage from 1983 to 1985 that sat above "per occurrence" self-insured retentions.  The policyholder argued that the plumbing liabilities arose from one occurrence - to limit its payment to one set of self-insured retentions and reach the excess coverage.  

In E.I. du Pont de Numours & Co., v. Stonewall Insurance Co., 2009 Del. Super. LEXIS 235 (Del. Sup. Ct. June 30, 2009), the superior court granted summary judgment in favor of the policyholder.

Attachments:
 du Pont v. Stonewall.pdf[ ]68 Kb
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