For those who handle claims involving occurrence based policies, you will probably find the California Supreme Court’s decision in Delgado v. Interinsurance Exchange the most notable coverage case of this past quarter. In Delgado, the Court distinguished the landmark duty to defend case of Gray v. Zurich based on the fact that Gray did not involve an “accident”-based occurrence definition. While Delgado is not a duty to defend case, it gives insurers clarification in cases where clearly intentional acts are cast as “negligence” to trigger insurance coverage. We hope you find our summaries of Delgado and other notable coverage cases informative. As always, we welcome any comments, questions or the opportunity to elaborate on any coverage question you or your group may have.
Published in the September 2008 issue of Construction Executive.