8th Circ. Nixes Contractor's Bid For $1M Defense Coverage

Law360, Los Angeles (March 9, 2012, 8:49 PM EST) -- The Eight Circuit ruled last week that a breach of contract suit against contractor Weitz Co. LLC didn't trigger a duty to defend in insurance policies of a subcontractor who did defective plumbing work, saying the contract suit is not an "accident" that would be covered by the policies.

“Each policy covers 'property damage' caused by an 'occurrence.' The policies define 'occurrence' as 'an accident,'” a three-judge panel ruled March 5. “Weitz's performance of the contract according to its terms was within its control and management...
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