Law360, New York (June 25, 2012, 8:47 PM ET) -- The Seventh Circuit on Monday refused to adopt Safeco Insurance Co. of America's argument that the continuous trigger theory applies only to third-party coverage cases in Wisconsin, while ordering the insurer to cover massive water and mold damage under a homeowners policy.
The rule — applied in cases where a harm occurs over a long period — triggers all insurance policies that were in effect from exposure to when the harm manifests itself. In its appeal, Safeco argued that the lower court had wrongly applied the...