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Opinion Of The Court.pdf

2008-08-29.willett.pdf

🔗 Source: docs.texasappellate.com

📊 Size: 125 KB

📄 Pages: 16 pages

⬇️ Downloads: 200

Summary

The Supreme Court of Texas answered two certified questions from the US Court of Appeals for the Fifth Circuit regarding when property damage "occurs" under Texas law for purposes of an occurrence-based commercial general liability insurance policy. The court held that the insurer's duty to defend is triggered when damage is alleged to have occurred during the policy period, even if it was inherently undiscoverable until after the policy expired. The key date is when the injury happens, not when someone discovers it. The court applied general contract construction rules to the insurance policy, giving effect to the parties' expressed intent and resolving any ambiguity in favor of coverage. The policy language defined an "occurrence" as an accident, including continuous or repeated exposure to substantially the same general harmful conditions, and "property damage" as physical injury to tangible property, including resulting loss of use. The court concluded that the duty to defend arises when the damage occurs, regardless of when it becomes identifiable.

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Description

The Supreme Court of Texas answered two certified questions from the US Court of Appeals for the Fifth Circuit regarding when property damage "occurs" under...

Technical Information

File Format: PDF
File Size: 125 KB
Pages: 16
Language: EN
Total Downloads: 200
Last Updated: 1 week ago

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