Supervalu Inc. v. Wexford Underwriting Managers, Inc.
(Cal.Ct.App. June 22, 2009)
The court affirmed summary judgment in favor of the insurers, upholding the insurers' interpretation of “occurrence” related to excess workers' compensation policies. Plaintiff was required to pay a self-insured retention every time a worker sustained injury due to an accident or occupational disease, which is the occurrence triggering coverage. The court held that “occurrence” refers to the cause of employee damage, rather than loss to the insured.
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By Toni L. Frain