Water Damage Occurring Over Several Year Period Can Be "Occurrence" Covered Under Insurance Policy

Originally published by Shaun Marker .

As a follow up to the November 24, 2014 post titled, Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy, Chubb has apparently filed a motion for rehearing. Recall this is the case where progressive water damage occurring over a sixteen year period was deemed a covered “occurrence” based on the language chosen by Chubb for its policy and Wisconsin’s “continuous trigger” theory.1

Law360, an industry insurance news publication, has reported that:

Some industry groups, including the American Insurance Association and the Property Casualty Insurers Association of America, have denounced the decision, saying in a proposed amicus brief filed Tuesday in support of Chubb’s motion for rehearing that the panel’s use of the continuous trigger theory could potentially expose property insurers in Wisconsin to “risks from the distant past they did not contemplate and for which they have charged no…

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