AES CORP. v. STEADFAST INS. CO.

Record No. 100764.

725 S.E.2d 532 (2012)

283 Va. 609

The AES CORPORATION v. STEADFAST INSURANCE COMPANY.

Supreme Court of Virginia.

April 20, 2012.


Attorney(s) appearing for the Case

Rex S. Heinke ( L. Steven Emmert , Virginia Beach; Anthony T. Pierce ; Richard K. Welsh ; Sykes, Bourdon, Ahern & Levy; Akin Gump Strauss Hauer & Feld, on brief) for appellant.

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

Amicus Curiae: Virginia Trial Lawyers Association ( John E. Davidson ; Davidson & Kitzmann, Charlottesville, on brief) for appellant.

Amici Curiae: Complex Insurance Claims Litigation Association, American Insurance Association, and Property Casualty Insurers Association of America ( Laura A. Foggan ; Gregory J. Langlois ; Samuel B. Gedge ; Willey Rein , on briefs) in support of appellee.

Present: All the Justices.


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

AES is...

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