Western District Of Washington Finds Question Of Fact As To Whether Winter Weather Constituted One Or More "Occurrences" Under First Party Policy Where Term Undefined

Posted on December 7, 2010 by Diane Polscer

In Western & Clay, LLC v. Landmark American Ins. Co., et al., 2010 U.S. Dist. LEXIS 123382 (November 22, 2010), on cross motions for summary judgment, the Western District of Washington held that under first party policies in which the term “occurrence” was not defined, it was a jury question whether Seattle, Washington’s 2006 – 2007 winter weather constituted one or more “occurrences.” 

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Without Alleging Insured's Conduct Arose Out Of His Occupation As A Real Estate Broker The "Business Exclusion" Does Not Eliminate The Duty To Defend

Posted on December 1, 2010 by Diane Polscer

In Allstate Insurance Company v. O’Connell, 2010 U.S. Dist. LEXIS 117142 (D. Or. Nov 2, 2010), the court held the “business exclusion” of the policy did not eliminate the insurer’s duty to defend the insured against a negligence action arising out of personal injury in a duplex which the insured contracted to have built on real property he had purchased while at all times he had worked as a real estate broker.

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