Kentucky High Court: Faulty Workmanship Is Not An Occurrence

(May 17, 2018, 3:17 PM EDT) -- FRANKFORT, Ky. — The Kentucky Supreme Court held April 26 that courts must use the doctrine of fortuity to determine whether an event constitutes an accident that triggers coverage under a commercial general liability (CGL) policy and found that an appeals court panel properly applied its ruling in Cincinnati Ins. Co. v. Motorist Mitt. Ins. Co. to find that a contractor’s faulty workmanship did not constitute an occurrence that warranted coverage (Martin/Elias Properties LLC v. Acuity Mutual Insurance Company, No. 2016-SC-0000195-DG, Ky. Sup., 2018 Ky. LEXIS 188)....

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