Insurer Is Liable For Only 1 'Occurrence,'4th Circuit Majority Affirms

RICHMOND, Va. - Leaving elevator hydraulic fluid in two barrels mislabeled as detergent constitutes only one "occurrence" because the insured's action was only one negligent act, the Fourth Circuit U.S. Court of Appeals said Feb. 11 (Mitsui Sumitomo Insurance Company of America v. Duke University Health System Inc., No. 11-2057, 4th Cir.; 2013 U.S. App. LEXIS 3039). Full story on lexis.com