Ex parte Kuback

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defining the term “accident” as “an unexpected happening without intention or design” (internal quotation marks omitted)
• noting the “strong recent trend in the ease law [that] interprets the term ‘occurrence’ to encompass unanticipated damage to nondefective property resulting from poor workmanship”
• interpreting “occurrence” by looking to the “usual and common meaning of ‘accident’”
• “In most circumstances, a claim for fraud—at least as we know ‘fraud’ in the law of Georgia—will prove incompatible with the notion of ‘accident.’”
• “unless the policy itself indicates that a term is used in an unusual sense, we attribute to that term its usual and common meaning.”
• “ ‘[Business risk’ exclusions of a CGL policy ... may serve to exclude liabilities for the repair or correction of defective work from the scope of coverage.”

Source: CourtListener parenthetical corpus (CC0).