Reprinted with permission from Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company, 2012 Emerging Issues Analyses 6265, at lexis.com®. Copyright 2012
This commentary demonstrates that in AES Corp. v. Steadfast Insurance Co., the Virginia Supreme Court used a more restrictive standard than most states for demonstrating an underlying lawsuit alleges an insurable “occurrence.” Corporate policyholders that conduct business in a number of states should consider how each interprets “occurrence” prior to or at the inception of coverage litigation.
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