SawHorse, Inc. v. Southern Guar. Ins. Co

In SawHorse, Inc. v. Southern Guar. Ins. Co., 269 Ga. App. 493 (604 SE2d 541) (2004), the Court interpreted identical provisions in a case involving alleged faulty workmanship. The insurer, Southern General, contended that faulty workmanship cannot constitute an "occurrence" under a general commercial liability policy. In rejecting the claim, the Court held: Although the policy does not define "accident," under Georgia law, that term means an event which takes place without one's foresight or expectation or design. Southern Guaranty has cited no Georgia authority supporting its apparent claim that faulty workmanship cannot constitute an "occurrence" under a general commercial liability policy. And this claim runs counter to case law finding that policies with similar "occurrence" language provide coverage for the "risk that . . . defective or faulty workmanship will cause injury to people or damage to other property." Furthermore, Southern Guaranty has pointed to no evidence that SawHorse intended for the faulty workmanship to occur. Id. at 498-99.