Insurance : CGL Policy – Negligence Action – ‘One Occurrence’

Where the Fellowship of Christian Athletes filed an action for declaratory judgment and breach of contract against its insurers after two boys drowned at a pool party for campers and their survivors sued the FCA, the FCA’s allegedly negligent conduct constituted one occurrence under the primary insurer’s policy because the underlying lawsuit claimed that the deaths were caused by “exposure to substantially the same general harmful conditions,” so summary judgment for the primary insurer is affirmed.

Judgment is affirmed.

Fellowship of Christian Athletes v. AXIS Insurance Company (MLW No. 66633/Case No. 13-2776 – 6 pages) (U.S. Court of Appeals, 8^th Circuit, Wollman, J.) Appealed from U.S. District Court, Western District of Missouri, Whipple, J. (Michael Shelby Jones, Des Moines, Iowa, for appellant) ( Christopher C. Javillonar, Kansas City, Missouri, and Lisa A. Weixelman, Kansas City, Missouri, for appellees).

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