Robert Berg's article, "Common Occurrences," was published in the November 2014 issue of Best's Review.
From the article...
"A word as basic to liability insurance policies as “occurrence” can mean a variety of different things in various jurisdictions.
In an effort to have the insurance industry become more participatory in repairing defects in construction defect claims, many courts and some legislatures have determined that an “occurrence” includes basic improper workmanship. While this trend is growing, in many jurisdictions an occurrence still does not include defective work itself. The varying applications given by courts to the term occurrence is an issue that will likely have a major impact on contractors and insurers."
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