Judge: Faulty Work Claims Do Not Constitute ‘Occurrence’ Under Insurance Policies
(March 25, 2016, 10:21 AM EDT) -- PHILADELPHIA — Allegations of faulty workmanship in performance of a contract do not constitute an “occurrence” under commercial insurance policies and umbrella excess policies, a Pennsylvania federal judge ruled March 23, finding that an insurer has no duty to indemnify pre-tender defense costs and has no duty to provide an ongoing defense (Lenick Construction, Inc. v. Selective Way Insurance Co., No. 14-2701, E.D. Pa.; 2016 U.S. Dist. LEXIS 38119).