Valley Ford Truck, Inc. v. The Phoenix Ins. Co., 2011 U.S. Dist. LEXIS 46652 (2011)

A claim of negligent misrepresentation is not considered an "accident" and, thus, does not trigger coverage or a duty to defend under a policy.

Where an insurance policy provides coverage for property damage caused by an "accident," and "accident" is defined as continuous or repeated exposure to the same conditions resulting in property damage, a claim of negligent misrepresentation does not constitute an "accident" as defined in the policy. As such, there is no duty to defend.

Case Law Alert - 3rd Qtr 2011