Occurrence Determined by Cause of Injury, Rather Than Injury Itself

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Budway Enterprises, Inc. v. Federal Ins. Co.

(C.D. Cal., April 14, 2009)

The plaintiff failed to allege facts showing there were two separate causes of theft resulting in loss of two aluminum shipments, with separate Bills of Lading and separate delivery numbers, loaded into two separate tractor-trailers.  Accordingly, the insurer did not breach the insurance contract by applying the $100,000 per occurrence policy limit.


By Richard J. Cohen and Carrie P. Appler