HNRK Coverage Corner

Answering a certified question from the Ninth Circuit, the Arizona Supreme Court recently clarified that fortuity under Arizona law turns on the insured’s subjective knowledge when coverage attached, not on whether a loss was reasonably foreseeable.  In Industrial Park Center, LLC v. Great Northern Insurance Company, the Court adopted a subjective standard of fortuity, distinguishing an objectively foreseeable risk from a loss-causing event the insured actually knew “had already occurred, was already in progress, or was certain to occur.”  Following that decision, the ...