· 4/27/1982
APPALACHIAN INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant
Citations
- 676 F.2d 56
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Using this analysis, the court asks if there was but one proximate, uninterrupted, and continuing cause which resulted in all of the injuries and damage.”
- injuries all resulted from one source — the insured’s discriminatory employment policies; the single occurrence for purposes of policy coverage was the insured’s adoption of its discriminatory policies
- a “contrary result . . . would contravene the rule that an insured cannot insure against something which has already begun”
- if there is but one cause for all of the losses, they are part of a single occurrence
- policy covered damages for personal injuries “caused by or arising out of each occurrence”
- expressly rejecting unfortunate event test and relying on underlying “cause” of property damage
Source: CourtListener parenthetical corpus (CC0).
Judges: Seitz, Garth, Cahn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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