CINCINNATI INS. v. MOTORISTS MUT. INS.

No. 2008-SC-000293-DG.

306 S.W.3d 69 (2010)

CINCINNATI INSURANCE COMPANY, Appellant, v. MOTORISTS MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Kentucky.

March 18, 2010.


Attorney(s) appearing for the Case

Brandon Wade Smith, Michael D. Risley, Stites & Harbison, PLLC, Louisville, KY, Counsel for Appellant.

David Sean Ragland, Paul Joseph Bishop, William P. Swain, Phillips, Parker, Oberson & Arnett, PLC, Louisville, KY, Counsel for Appellee.


Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

This case requires us to decide whether a claim of defective construction against a homebuilder is, standing alone, a claim for property damage caused by an "occurrence" under a commercial general liability (CGL) insurance policy. Like the majority of courts that have considered the question, we hold that the answer is no.

II. FACTUAL AND PROCEDURAL HISTORY.

Lawrence...

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