Dorchester Development Corp. v. Safeco Insurance Co

In Dorchester Development Corp. v. Safeco Insurance Co., 737 S.W.2d 380 (Tex. App.--Dallas 1987, no writ), a 1987 construction defect case, the Dallas Court of Appeals noted the lack of Texas authority and adopted the reasoning of Florida and Idaho decisions with identical policy provisions. 737 S.W.2d at 383. Summarizing these decisions, the Dorchester court opined that "no liability exists on the part of the insurer unless the property damage manifests itself, or becomes apparent, during the policy period." Id. Based on the Dorchester plaintiff's admission that damages were not manifested during the policy period, the court held that there was no "occurrence" during the policy period. 737 S.W.2d at 383. Though Dorchester's reasoning is not explicit, it equated "occurrence" with "manifestation" of harm and denied coverage to the insured.