DocketNumber: 2 CA-CV 5934, 2 CA-CV 5935
Citation Numbers: 736 P.2d 798, 153 Ariz. 315
Judges: Fernandez, Hathaway, Howard
Filed Date: 12/11/1986
Status: Precedential
Modified Date: 8/22/2023
OPINION
This is an appeal from the granting of summary judgments in a declaratory judg
Kema Steel was insured by Home Insurance Company, which had issued Kema Steel a business-owner’s insurance policy, including broad form comprehensive general liability coverage. Kema Steel requested Home Insurance to defend the lawsuit filed by the Youngs. Home Insurance refused to defend Kema Steel, claiming that the Home policy did not cover Kema Steel for the allegations made by the Youngs.
Kema Steel was also insured by Industrial Indemnity Company, which had issued an umbrella policy covering Kema Steel. As a result of Home’s denial of the coverage and refusal to defend, Industrial Indemnity Company undertook the defense of Kema. Steel.
Kema Steel and Industrial Indemnity filed a declaratory judgment action naming Home
Home’s policy contains the following language concerning its coverage:
“The company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence____” (Emphasis added.)
The word “occurrence” is defined in the policy as follows:
“[OJccurrence means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the Insured.” (Emphasis added.)
It is appellees’ contention, with which the trial court apparently agreed, that the “occurrence” in this case was the filing of the lawsuit by the Youngs, which Kema Steel contends was neither expected nor intended. We do not agree with appellees. Occurrence, under the terms of the policy, means an accident. Appellees have not cited to us nor have we been able to find any cases which hold that the filing of a lawsuit is an “accident” under the terms of a liability insurance policy. In any event, the accident (the filing of the lawsuit) must result in bodily injury or property damage. The filing of the lawsuit in this case did not result in bodily injury or property damage to the Youngs.
There' being no accident in this case, Home Insurance provided no coverage and the trial court erred in denying its motion for summary judgment. The judgments in favor of appellees are vacated and set aside
. Kema Steel did not file a separate brief. It joined in the brief of Industrial Indemnity.