Pennsylvania Commonwealth Court Finds Latent Property Contamination Triggers “Occurrence” Insurance Coverage Prior to Discovery of the Contamination
May 1, 2017
James M. McClammer
MGKF Litigation Blog
Last week, the Commonwealth Court of Pennsylvania held in a unanimous decision that latent environmental property contamination triggered several comprehensive general liability (“CGL”) insurance policies despite the fact that the contamination was not discovered until at least a decade later. In doing so, the Court resolved a question left open by two earlier Pennsylvania Supreme Court decisions over whether latent property damage in “occurrence” policies is triggered at the time the damage occurs or when the damage first manifests itself.