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AM. EMPIRE SURPLUS. v. HATHAWAY DEV.

No. S10G0521.

707 S.E.2d 369 (2011)

AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY v. HATHAWAY DEVELOPMENT COMPANY, INC.

Supreme Court of Georgia.

March 7, 2011.

Attorney(s) appearing for the Case

Garrett Lewes Pendleton, The Pendleton Law Firm, LLC, J. David Hopkins, III, Locke Lord Bissell & Liddell LLP, Atlanta, for appellant.

Craig N. Cowart, Craig N. Cowart, LLC, Macon, for appellee.

Patrick J. Wielinski, Cokinos, Bosien & Young, P.C., Arlington, TX, for amici appellee.

THOMPSON, Justice.

We granted a writ of certiorari to the Court of Appeals in Hathaway Dev. Co. v. American Empire Surplus Lines Ins. Co., 301 Ga.App. 65, 686 S.E.2d 855 (2009) and posed this question: Did the Court of Appeals err in its construction of the term "occurrence" as defined by the insurance policy in question?

Hathaway Development Co. ("Hathaway"), a general contractor, sued its plumbing subcontractor...

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