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An Iowa federal district court ruled that each claim against a window manufacturer is a separate occurrence for purposes of general liability coverage.  Pella Corp. v. Liberty Mutual Ins. Co., 2017 WL 1231721 (S.D. Iowa Mar. 31, 2017).

Numerous claims were filed against Pella based on its allegedly defective design, manufacture and/or installation of windows. In addressing the number-of-occurrences issue, the court focused on fifteen of the highest value claims (the “Sample Claims”).  The parties agreed that Iowa law uses a cause-based analysis but disagreed “regarding the level of generality at which that concept should be applied.”  Pella argued that each Sample Claim alleges a separate occurrence because each claim presents unique underlying circumstances.  In contrast, Liberty Mutual asserted that the Sample Claims allege three occurrences, based on the three general causes of damage (falling through a window; improper installation; and defective design).  Alternatively, Liberty Mutual argued that largest category of claims (defective design) could be subdivided into two separate occurrences – defective windows and defective sealant/glazing.