Amerisure Asks S.C. Federal Court to Reconsider 'Occurrence'

CHARLESTON, S.C. - Amerisure Insurance Co. has asked a federal court to amend or alter its order that moisture and mold contamination arising from faulty construction constitutes an 'occurrence' under a contractor's comprehensive general liability policy. Okatie Hotel Group, LLC v. Amerisure Insurance Co., No. 2:04-2212-23 (D. S.C.).

Amerisure contends in its Jan. 26 Motion to Amend or Alter that U.S. District Judge Patrick M. Duffy committed clear legal error in a Jan. 13 order in which he concluded there was an occurrence and denied Amerisure's motion for judgment on the pleadings or summary judgment.

Clear legal error is …