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West Virginia High Court: No 'Occurrence' in Faulty Workmanship

By Laura A. Foggan and Alicia Ritter

West Virginia's highest court has held that a commercial general liability ('CGL') policy does not provide coverage for faulty workmanship claims because such claims do not constitute an 'occurrence.' Webster County Solid Waste Auth. v. Brackenrich & Assocs., et al., Nos. 31861 & 31862 (W.Va. June 30, 2005). This case reinforces the core concept ' long recognized in insurance law ' that general liability coverage protects against liability to others due to third-party property damage or bodily injury and does not serve as a performance bond for the policyholder's own work.

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