Judge Denies Carrier's Bid for Summary Judgment on 'Occurrence'

KNOXVILLE, Tenn. - A federal judge has denied State Farm's motion for summary judgment on a coverage claim arising from allegedly defective siding, saying there is a factual dispute over when the loss or damage occurred. Chester v. State Farm Fire and Casualty Co., No. 2:06-CV-277 (E.D. Tenn.).

Judge Leon Jordan of the U.S. District Court for the Eastern District of Tennessee said in his Sept. 24 opinion that that the dispute does not center on the definition of "occurrence," as State Farm argued, but on the meaning of "loss" and "damage."

Ricky L. Chester maintains in his lawsuit …