Apex Solutions v. Falls Lake Insurance Management (2024)
An unidentified group of multiple burglars robbed two vaults at the insured’s cannabis dispensary. The vaults were robbed on the same evening, about an hour apart. The insured sought coverage from its property insurer and requested payment of two “per occurrence” limits. The insurer offered only a single “per occurrence” limit. On the parties’ cross-motions for summary judgment, the trial court ruled that the thefts constituted a single occurrence.
The Court of Appeal (First Dist., Div. Four) held the thefts constituted a single “occurrence.” The term “occurrence” in a property policy refers to the cause of the loss. Whether multiple events constitute a single occurrence depends on a case-by-case analysis of how closely the events are linked in time and space. Here, the thefts appeared to have been a coordinated effort by a single group and occurred near in time and place. The insured failed to present non-speculative evidence that the thefts were committed by separate groups, so the trial court correctly concluded that the thefts were a single occurrence.
