CSX Transportation, Inc. v. Continental Insurance

BELL, Judge.

This appeal had its genesis in an action for declaratory judgment to resolve a coverage dispute with CSX Transportation, Inc. (“CSXT”), filed in the Circuit Court for Baltimore County by several insurance companies. At the center of the coverage controversy was what constitutes “an occurrence” and the number of occurrences giving rise to the noise induced hearing loss (“NIHL”) suffered by past and present employees of CSXT’s predecessor railroads. After trial, pursuant to special jury verdicts, the trial court entered judgment in favor of the insurers. The court declared that,…