Where an insurance policy contains a “per occurrence” limit on coverage, New York courts apply what they call the “unfortunate event” test to determine how many “occurrences” are involved in a given claim or set of claims.  The test does not apply at all, however, where the policy language indicates “an intent to aggregate separate incidents into a single occurrence.”  As this blog recently discussed, the U.S. Court of Appeals for the Second Circuit ruled in September ... Keep Reading »