Don's Building Supply, Inc. v. Onebeacon Insurance Co.

This insurance-coverage dispute presents two certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks generally when property damage “occurs” under Texas law for purposes of an occurrence-based commercial general liability insurance policy, a question this Court has never answered. More specifically, is an insurer’s duty to defend triggered where damage is alleged to have occurred during the policy period but was inherently un-discoverable until after the policy expired? As to this policy, which focuses on when damage comes to pass, not when…