Pilgrim Enterprises, Inc. v. Maryland Casualty Co.

OPINION

LEE DUGGAN, Jr., Justice (Retired).

The principal question in this appeal from a summary judgment is as follows: for purposes of coverage under an occurrence-based comprehensive general liability (“CGL”) insurance policy, do personal injury and property damage from underground contamination “occur” under Texas law only when the harm is “discovered”? We answer in the negative.

Eleven plaintiffs filed seven suits 1 in 1996 against Pilgrim Enterprises, Inc. and related entities 2 (collectively, “Pilgrim”) for personal injuries and property damage allegedly caused by long term exposure to a…