Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy.

There was the famous World Trade Center case (SR International Business Insurance Co. Ltd v. World Trade Center Properties LLC, et al) in which the events of 9/11 were mostly defined as a single occurrence.

In the casualty arena, specifically construction, we have seen “occurrence” be adjudicated in various ways depending on the degree of negligence of the policyholder, resulting damage versus damage to work itself, and the venue for the claim (for example, American Home Assurance Co. v. Trumbull Corp., Westfield Insurance Co. v. Custom Agri Systems Inc., Travelers Indemnity Co. of America v. Moore & Associates. Inc., etc).

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