When is an occurrence considered to have happened ?

[risky business]

I have a building contractor on an occurrence form GL. She wants to renew with a different carrier that has a prior work exclusion.
a month into the new policy, a wall on a prior building collapsed. She wants to make claim under current policy as the collapse occurred during the new policy term, however, the work was done during the term of the prior carrier on the occurrence form.
Did the occurrence happen when they built the wall several months ago and we can file under the expired occurrence form?

 

[AZDave]

Sounds like the occurrence was when the wall fell down, and this date falls into the new policy term. A policy that excludes prior work? The insured fully knew this and signed off to it?

Did the wall falling down cause resulting loss?

I would file the claim under both policies and let the Carriers to their investigating.

 

[adjusterjack]

The Comprehensive General Liability Coverage Form (ISO CG 0001) says:

This insurance applies to "bodily injury" and "property damage" only if:
(2) The "bodily injury" or "property damage" occurs during the policy period;

If the prior policy is written like that then there would be no liability coverage for the insured's negligence on that policy.

Though I agree, file with both companies and get official decisions.

 

[Allen Trent]

What caused the wall to fall? (Wind, faulty workmanship). Also, was the wall still just sitting there a month or more after being constrcted without being finished? Some of the answers to this may lead to neither GL policy covering unless the contractor also had a professional liability policy covering contractors professional liability