Insurer Says It Owes No Duty To Defend In Underlying Case; ‘Occurrence’ Lacking

Mealey's (February 19, 2019, 4:59 PM EST) -- BOSTON — An insurance company recently asked the First Circuit U.S. Court of Appeals to find that a lower court erred when it held that the conduct of a class of plaintiffs in an underlying action comprised an “occurrence” that then obligated the insurer to defend a utility company that was the defendant in that underlying case (Zurich American Insurance Company v. Electricity Maine LLC, et al., No. 18-1968, 1st Cir.)....