December 15th, 2008
The United States District Court for the Southern District of West Virginia submits an order of certification pursuant to West Virginia Code ยงยง 51-1A-1 to 51-1A-13 and presents the following question of law:
"The homeowner's policy in effect at the time of the underlying events provides coverage for an "occurrence," which is defined as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period in . . . bodily injury or property damage." Under West Virginia law, does knowingly permitting an underage adult to consume alcoholic beverages on a homeowner's property constitute an "occurrence" within the meaning of the American Modern Home Insurance Company Homeowner's policy at issue in this case?
