Westchester Surplus Lines Ins. Co. v. Maverick Tube Co., No. 09-20071
In an action by an insurer seeking a declaration that it was not required to indemnify defendant for the settlement of an underlying property damage lawsuit, a declaratory judgment ruling for plaintiff is reversed where the complaint in the underlying action alleged an "occurrence" under the policy because it did not simply allege non-performance, such as failure to deliver the casing at issue; rather, it involved an unforeseen and unexpected event -- the defective casing production which resulted in a gas well failure.
Filed December 10, 2009
Opinion by Judge Benavides