W.R. Berkley Corp. v. Rea's Country Lane Construction, Inc.

MAXWELL, J.,

for the Court:

¶ 1. This case involves a dispute between an insured, who had been sued, and its insurance company, which the insured in turn sued for denying it a defense. The controlling issue is whether the underlying lawsuit against the insured triggered the insurance company’s duty to defend. Under the policy, the duty to defend only arose if there were allegations of “property damage” proximately caused by an “occurrence,” which the policy clearly defined as an “accident.” Our review of the complaint against the insured shows the plaintiff alleged the damage to her real…