Every so often, even frequently, we get coverage questions that make us wonder what is wrong with people. Lose a dollar, sue. Get mad, sue. Sue to get even. Sue to get revenge. Sue, Sue, Sue.
Our insured bred a litter of puppies. One of the puppies has tested positive for a congenital condition. The new puppy owner has sued the insured for delivery of a defective product. Is there coverage? Why or why not? I can see the potential for the argument that the [condition of the] puppy is not 'property damage' caused by 'an occurrence.' I also can see the argument that the failure to deliver a healthy puppy is a breach of contract. What are your thoughts?
My thought is that there is way too much time on the hands of the new puppy owner and his attorney. Another thought is that this is a waste of time of the parties, attorneys, and the court that has to hear it. A further thought is that it makes a pretty interesting coverage question.
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