W.R. BERKLEY v. REA'S COUNTRY LANE CONST.

No. 2009-CA-01223-COA.

140 So.3d 437 (2013)

W.R. BERKLEY CORPORATION, Union Standard Insurance Group, Union Standard Insurance Company, and Great River Insurance Company, Appellants/Cross-Appellees v. REA'S COUNTRY LANE CONSTRUCTION, INC., Appellee/Cross-Appellant.

Court of Appeals of Mississippi.

Rehearing Denied January 7, 2014.

Certiorari Denied May 8, 2014.


Attorney(s) appearing for the Case

Robert P. Thompson , Ridgeland, Thomas T. Buchanan , Laurel, Caryn Anlage Milner , Ridgeland, attorneys for appellants.

Clyde H. Gunn III , Christopher C. Van Cleave , Biloxi, attorneys for appellee.

Before IRVING, P.J., ROBERTS and MAXWELL, JJ.


MAXWELL, J., for the Court:

¶ 1. This case involves a dispute between an insured, who had been sued, and its insurance company, which the insured in turn sued for denying it a defense. The controlling issue is whether the underlying lawsuit against the insured triggered the insurance company's duty to defend. Under the policy, the duty to defend only arose if there were allegations of "property damage" proximately caused by an "occurrence," which the policy clearly...

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