AES CORP. v. STEADFAST INS. CO.

Record No. 100764.

715 S.E.2d 28 (2011)

282 Va. 252

The AES CORPORATION v. STEADFAST INSURANCE COMPANY.

Supreme Court of Virginia.

September 16, 2011.


Attorney(s) appearing for the Case

L. Steven Emmert ( Anthony T. Pierce ; Richard K. Welsh , Washington, DC; Rex Heinke , Los Angeles, CA; Sykes Bourdon , Ahern & Levy, Virginia Beach; Akin Gump Strauss Hauer & Feld, Washington, DC, on briefs) for appellant.

Leah W. Sears ( Marci A. Eisenstein ; Catherine M. Masters , Chicago, IL; Tamera M. Woodard , Atlanta, GA; William F. Stewart ; Robert E. Worst ; Schiff Hardin ; Nelson Levine de Luca & Horst; Kalbaugh , Pfund & Messersmith, on brief) for appellee.

Amici Curiae: Complex Insurance Claims Litigation Association and American Insurance Association ( Laura A. Foggan ; Gregory J. Langlois , Washington, DC; Wiley Rein , on brief) in support of appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and CARRICO and KOONTZ, S.JJ.


Opinion by Justice S. BERNARD GOODWYN.

In this appeal from a judgment in a declaratory judgment action, we consider whether the circuit court erred in ruling that a civil complaint filed against The AES Corporation (AES) did not allege an "occurrence" as that term is defined in AES's contracts of insurance with Steadfast Insurance Company (Steadfast), and that Steadfast, therefore, did not owe AES a defense or liability coverage.

Background

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