New Jersey trigger

In Selective Way Ins. Co. v. Arthur J. Ogren, Inc., No. A-3491-09T1 (N.J. Sup. Ct. App. Div. Dec. 13, 2010)(unpublished), insured contractor Ogren was sued by property owner Cumberland for damages because of moisture-penetration property damage resulting from Ogren’s negligent work. Ogren tendered its defense to Selective, its CGL insurer, which defended under a reservation of rights and filed suit seeking a judicial declaration of no duty to defend or indemnify on the basis of no property damage occurring during the policy period. The trial court denied Selective’s motion for summary judgment. On appeal, the intermediate appellate court, in an unpublished decision, reversed. The court held that, even assuming a continuous trigger applied, which it was not deciding, because it was undisputed that the property damage manifested prior to inception of the Selective policy, the “last pull of the trigger” ending the continuous trigger period would have occurred upon manifestation; therefore, Selective had no duty to defend or indemnify Ogren against the Cumberland suit.