Watch the full video at https://rumble.com/vdyekr-a-video-explaining-the-need-to-prove-the-existence-of-an-occurrence.html and at https: //youtu.be/5qhd0L_bNAE
An "event" is usually defined as an accidental loss or damage that results in bodily injury or property damage during the insurance period.
I t should be axiomatic in All case responsibilities that before there may be an obligation to defend, it must occur or occur so that the events that are sued are random. In some states, the filing governs the decision on coverage, as in Utah, while in others, such as California, the insurer is required to look beyond the complaint to external facts.
The eleventh circuit has applied the damage actually trigger three times in connection with similar, occurrence-based CGL policies and deferred damages in order to determine if the damage occurred during the insurance period or during ongoing operations. The Court acknowledged that the Eleventh Circle expressly limited its holdings to the specific terms of the policies and facts it set out. [ Car Owner Ins. Co. v. Envtl. House Wrap, Inc. (M.D. Fla., 2019)]
1978, California's Supreme Court in Clemmer v. Hartford Insurance Co . handled a shooting that resulted in the victim's death. Regardless, it still led to the California Supreme Court finding a need for defense and damages. The court concluded that Hartford had no obligations with respect to Dr. Lovelace's intentional actions in the murder of Dr. Clemmer but was obliged to defend him. However, if there was an unintentional behavior in the shooting, it would be guilty to defend and its refusal to do so was incorrect.
© 2021 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice of serving as an insurance consultant specializing in insurance coverage, insurance claims handling, infidelity and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become insurance claims staff.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/ posts; and Read the last two issues of ZIFL here.