Drilling Down Policy Language Results in Finding Two Occurrences Because Two Separate Events were Proximate Cause of Insured’s Losses

Hundreds, if not thousands, of cases have been decided based on the meaning of “arising out of” and “arising from” when used in an insurance policy. The recent case of Seahawk Liquidating Trust v. Certain Underwriters at Lloyds London, 2016 U.S. App. LEXIS 871 (5th Cir. Jan. 19, 2016)demonstrates that it is not only the words that matter, but the context in which the words are used is equally important. In Seahawk, the Fifth Circuit Court of Appeals held that two storms occurring …

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