Occurrence Issues: Montana Supreme Court Focuses on Actual Language
If you have an "occurrence" issue or any other issue where the policy coverage is narrower than common coverage language, read the recent decision from the Supreme Court of Montana. Blair v. Mid-Continent Cas. Co., 2007 MT 208, 339 Mont. 8, 167 P.3d 888 (Aug. 21, 2007). While many policies focus on whether the insured intended the injury, Blair's policy focused on whether the insured intended the act. Nevertheless, Blair argued that even though he intended the act, coverage should be provided because he did not intend the injury. That is, Blair argued as if he had the standard policy. The Supreme Court of Montana didn't buy it. The court distinguished policies focusing on the injury, recognized that Blair's policy focused on the act, and denied Blair's claim for coverage.
