Need for an Occurrence
“Under Utah law, the scope of the risk an insurance company
takes is determined by the terms of the policy, not by the expectations of the insured.” (Citation omitted.) “Absent a finding of ambiguity, we simply construe the policy according to its plain and ordinary meaning.” (Citation omitted.) In the present case, construing the policy according to its ordinary meaning leads us to conclude that, under
the unambiguous terms of the Policy, Fennell’s complaint did not include allegations that constitute an occurrence under the Policy.
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