Employers Mutual Casualty Co. v. Arbella Protection Insurance Co. et al., 24 A.3d 544

Summary

The insured operated a quarry. Neighboring landowners of the quarry brought the underlying action against the insured, seeking an injunction and compensatory and punitive damages for property damage occasioned by flooding, allegedly from the quarry operations. At the time the complaint was filed, the current insurer provided coverage to the insured. The prior insurers had previously provided coverage. Both commercial general liability policies provided coverage for property damage, which was caused by an occurrence and took place during the policy period. Both policies defined an "occurrence" as being an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Because there was conflicting evidence before the trial court with respect to whether the flooding was caused by the insured and, if so, whether the flooding constituted a single occurrence or multiple occurrences, the hearing justice erred in finding as a matter of law that the ...