Although the standard commercial general liability (CGL) insurance policy has remained relatively unchanged for more than 20 years, courts continue to grapple with some of its basic provisions and underlying concepts. Often, Texas Supreme Court guidance on one facet of policy construction raises a host of questions that keep lower courts and practitioners guessing about a landmark decision’s scope and meaning. Here are a few basic CGL concepts that remain in flux.
1. The impact of the actual-injury occurrence trigger . The Texas Supreme Court’s 2008 decision in Don’s Building Supply Inc. v. One Beacon Insurance Co. sent out shock waves with its holding that the appropriate trigger for an occurrence of single-event property damage is the time of actual injury, rather than the injury’s manifestation. Most Texas courts previously had held the latter.
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