In this appeal judgment, the court considered what constituted “property damage” under the insurer’s Commercial General Liability insurance policy. 

Property damage was defined in two ways:

a.        Physical injury to tangible property, including all resulting loss of use of that property. All such loss of  use shall be deemed to occur at

The insured was sued by purchasers of his home for negligently or deliberately failing to disclose termite infestation at the time of the sale. He unsuccessfully sought cover under his homeowner insurance policy because the policy covered only property damage “due to an occurrence” whereas the property damage the purchasers experienced was not due to