When is the event a more appropriate choice than the event? In what contexts can the episode take place as an occurrence? How does the occurrence of the word differ from other similar names? Both the subcontractor and the general contractor, as alleged supplemental insurers, requested coverage under an RCG policy issued to the subcontractor by Utica Mutual. The Directive defined `event` as `accident, including continuous or repeated exposure to substantially identical general noxious conditions`. The Third Judicial District ruled that the allegations of abuse did not constitute an “event” within the meaning of the “definition of accident” guidelines because the allegations did not constitute an “unforeseeable and fortuitous event.” The court rejected the insured`s argument that the coverage was triggered by allegations of property damage to third parties, arguing that it was “certainly foreseeable that the product sold [the insured] would be used for the purpose for which it was sold.” The third circle stated: Under Virginia law, an intentional act that directly results in harm is obviously not an accident. The Virginia Supreme Court has ruled that an “accident” is “generally understood as an event that produces an effect that is not the natural or probable consequence of the means employed and that is not foreseen, planned, or reasonably expected.” AES Corp. v. Steadfast Ins. Co., 283 Va. 609 (2012). In other words, an “accident” occurs when (1) the actor subjectively does not intend to produce the result of his action and (2) the result is not a natural or probable consequence of the insured`s actions. This second, objective criterion responds to an important limitation which holds insured persons personally liable, since it presupposes that they are aware of the natural or probable consequences of their intentional acts and omissions. Thus, if “an insured person knew, or should have known, that certain outcomes were the natural or probable consequences of intentional acts or omissions, there is no `event` for the purposes of an RCG policy.” Id (emphasis added).
When would an incident be a good substitute for the event? Event-based liability insurance policies insure against losses resulting from bodily injury or property damage, but only if an “event” causes such damage. While the meaning of an “event” may vary from policy to policy, most define the term as “an accident, including continuous or repeated exposure to essentially the same harmful general conditions.” In other words, an “event” is an accident. In fact, the Virginia Supreme Court recognized that “the terms `event` and `accident` are `synonymous.` AES Corp. v. Steadfast Ins. Co., 283 Va. 609 (2012). Therefore, the question of what is an accident and what is not is an important question in determining coverage. After all, virtually anyone looking for coverage will claim that an accident caused their damage, no matter what actually happened. Some common synonyms of occurrence are circumstance, episode, event, and incident. Although all of these words mean “something that happens or happens,” the event can refer to an event without intent, will, or plan. In the appeal, the Third Judicial District focused its analysis on the specific wording of each policy and divided the guidelines into three groups based on their different definitions of “event”: With regard to securing dangerous goods (in the event of a crisis or terrorism), the significance of the event (case) in general in relation to European law can be defined as follows: In epidemiological terms, the frequency of a disease means without definition of incidence or prevalence.
[1] Event liability insurance is special because the term “event” is ambiguous and unnecessary for policyholders. In fact, the Merriam-Webster dictionary defines occurrence simply as “something that happens.” In addition, event-based policies do not provide coverage based on when the “event” occurs, but when bodily injury or property damage “occurs” during the insurance period. This raises an important question: what is an “event” and what role does it play in determining coverage? The meanings of incident and event overlap to a large extent; However, the incident indicates an event of short duration or secondary importance. In summary, Virginia law assumes that an insured is aware of the natural and likely consequences of his or her actions, so an event-based liability insurance policy may not provide coverage even if the insured did not subjectively foresee the plaintiff`s damages. The Third Judicial District came to a different conclusion with respect to policies containing the “expected/intended” definition and the “definition of adverse exposure” of “event,” noting that the inclusion of “subjective language” in these definitions meant that an “event” depended on the subjective intent of the insured. It found that those definitions of “event” were ambiguous in the context of the damage in question and included different consequences of the same general type of result that the insured sought to cause.