Insured’s Defective Work Is Not An ‘Occurrence’ Under Pennsylvania Law, Judge Says

(August 10, 2016, 9:51 AM EDT) -- JOHNSTOWN, Pa. — An insured’s faulty workmanship does not constitute an “occurrence” under a commercial general liability insurance policy, a Pennsylvania federal judge ruled Aug. 9, relying on Kvaerner Metals Division of Kvaerner U.S., Inc. v. Commercial Union Ins. Co. (589 Pa. 317, 908 A.2d 888, 896 [Pa. 2006]) to find an insurer has no duty to defend or indemnify (Acuity, a mutual insurance company v. Knisely & Sons, Inc., et al., No. 15-76, W.D. Pa.; 2016 U.S. Dist. LEXIS 104431).

(Memorandum opinion and order available....
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