ACS CONST. CO., INC. OF MISSISSIPPI v. CGU

No. 02-60414.

332 F.3d 885 (2003)

ACS CONSTRUCTION COMPANY, INCORPORATED OF MISSISSIPPI, Plaintiff-Appellant, v. CGU, also Known as General Accident Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 17, 2003.


Attorney(s) appearing for the Case

Andrew James Kilpatrick, Jr. (argued), Gore, Kilpatrick, Purdie, Metz & Adcock, Ridgeland, MS, for Plaintiff-Appellant.

Roy Allen Smith, Jr. (argued), Jason Hood Strong, Daniel, Coker, Horton & Bell, Jackson, MS, for Defendant-Appellee.

Before DeMOSS and STEWART, Circuit Judges, and FALLON, District Judge.


CARL E. STEWART, Circuit Judge:

In this civil action based on diversity jurisdiction, we determine whether on the specific facts of this case, the terms of a commercial general liability insurance policy entitle the Appellant, the insured, to coverage for an incident relating to faulty construction. The Appellee, the insurer, denied coverage for losses asserting that the incident did not constitute an "occurrence" as defined...

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