The Timeless Question of “How Many Occurrences?

March 2021

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Published: American Bar Association, Tort Trial & Insurance Practice Section – Insurance Coverage Litigation Newsletter

In Port Consolidated, Inc. v. International Insurance Co. of Hannover, PLC, 826 F. App’x 822 (11th Cir. Sept. 8, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s holding that no insurance coverage was available to the insured because none of the multiple occurrences of gasoline theft due to a coding error exceeded the per occurrence deductible, nor could those thefts be considered one occurrence to exceed the per occurrence deductible.

At issue was whether there was a single occurrence relating to the coding error or whether there were multiple occurrences related to each theft of gasoline by a driver under the property coverage of the Hannover policy.

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Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.