Bituminous Casualty Corp. v. Kenway Contracting, Inc.

CUNNINGHAM, Justice.

I. INTRODUCTION

This case involves an insurance coverage dispute between Kenway Contracting, Inc., and its Commercial General Liability (CGL) policy carrier, Bituminous Casualty Corporation (BCC). The Warren Circuit Court, in an opinion affirmed by a split decision of the Court of Appeals, concluded BCC had a duty to defend and indemnify Kenway under its CGL policy for damage caused by a Kenway employee to property owned by Neal and Judy Turner.

On appeal, this Court is asked to determine: (1) whether the definition of an accident includes intentional acts of Kenway’s…