Injuries from carbon monoxide poisoning to two families living in the insured's apartment complex arose from a single occurrence. Kosnoski v. Rogers, No. 13-0494, Memorandum and Decision (W. Va. Feb. 18, 2014).

   The families lived in two apartments in the same complex owed by Marc Rogers. Members of the two families suffered serious injuries from carbon monoxide poisoning and one family member died. A gas boiler furnace in the basement of the apartment complex created the carbon monoxide. 

   The families sued Rogers and his insurer, Erie Insurance. The families sought a declaratory judgment against Erie that the each injured family member was entitled to a separate "occurrence" limit and the damages sustained by one family were separate "occurrences" from the damages sustained by the second family. The families argued they were exposed to carbon monoxide at different times during the night. Further they were exposed to varying levels of carbon monoxide. Therefore, there was more than one occurrence. 

   Erie's policy defined "occurrence" as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions." Here, there was a leak of carbon monoxide from a single source, the gas boiler furnace. The injuries were from continuous or repeated exposure to substantially the same general harmful conditions. Therefore, there was a single occurrence.