Porch Collapse Ruling Betrays Limits Of Occurrence Test

Law360, New York (January 14, 2013, 8:13 PM EST) -- An Illinois appeals court saved First Specialty Insurance Corp. $1 million by ruling Friday that a 2003 porch collapse in Chicago that killed 13 counted as one incident, a decision that exposes the limited reach of a controversial Illinois Supreme Court decision that set a new standard for calculating the number of occurrences under insurance policies.

The appeals court refused to use the "time and space" test adopted by the Illinois high court in 2009 to determine the number of occurrences in Addison Insurance Co. v....
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