Tuesday, January 03, 2006

State Farm had no duty to defend in landslide suit.

Green v. State Farm, 2005 UT App 564.

State Farm had no duty to defend against a lawsuit under its builder/contractor's risk insurance policy for a landslide that damaged a home. The policy covered only claims arising from "occurrences," which the policy defined as "an accident." The lawsuit in question was for intentional failure to disclose, negligent failure to disclose, and breach of an implied warranty. The court held that those causes of action alleged purposeful acts, not accidents, and were thus not covered by the policy.


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