Failure To Perform Claim Is Not An ‘Occurrence’ Under Insurance Policy, Judge Says

Mealey's (February 3, 2017, 8:27 AM EST) -- EAST ST. LOUIS, Ill. — Allegations of an insured’s failure to perform do not constitute an “occurrence” triggering coverage under a commercial general liability insurance policy, an Illinois federal judge ruled Jan. 31, agreeing with the insurer that they “are nothing more than claims of disappointed expectations in the performance of a construction contract” (Owners Insurance Co. v. James C. Warren d/b/a Warren Exterior and Remodeling, et al., No. 15-00349, S.D. Ill., 2017 U.S. Dist. LEXIS 13171)....

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