Judge: Insured’s Failure To Resolve Construction Defects Was Not An ‘Occurrence’

Mealey's (April 22, 2019, 9:27 AM EDT) -- HANNIBAL, Mo. — Because the ability to resolve alleged construction defects was within an insured’s control, a Missouri federal judge ruled April 17 that the failure to fix the defects was not an “occurrence” under an insurance policy (American Family Mutual Insurance Co. v. Mid-American Grain Distributors LLC, et al., No. 18-51, E.D. Mo., 2019 U.S. Dist. LEXIS 66633)....