An Occurrence Requires Fortuity

0
3KB

A Video Explaining the Requirement to Prove an Occurrence

Read the full article at https://www.linkedin.com/pulse/occurrence-requires-fortuity-barry-zalma-esq-cfe and see the full video at https://rumble.com/vi175t-an-occurrence-requires-fortuity.html and at https://youtu.be/nB8bBGClGYg and https://zalma.com/blog plus more than 3750 posts. 

An “occurrence” is usually defined as accidental loss or damage which results, during the policy period, in bodily injury or property damage.

In Green v. State Farm Fire & Casualty Co. 127 P.3d 1279, 2005 UT App 564 (Utah App. 12/30/2005) a homeowner sued the insured developer after he sustained property damages as a result of a landslide. At the time of the landslide, the developer held a contractor/builder’s risk insurance policy issued by State Farm. The developer initiated a declaratory judgment action against State Farm, seeking defense and indemnification under the policy.

It should be axiomatic in all third party liability cases that before there can be a duty to defend there must be an occurrence or accident so that the events sued upon are fortuitous. In some states, the pleading controls the decision on coverage, as in Utah, while in others, like California, the insurer is obligated to look beyond the complaint to extrinsic facts.

In Automobile Insurance Co. of Hartford v. Cook, 21 A.D.3d 1155, 801 N.Y.S.2d 837 (2005) the court was faced with the legal question of whether an individual’s homeowner’s insurance policy affords coverage when that individual is sued for wrongful death after killing a person in self-defense. On February 20, 2002, defendant Alfred S. Cook shot and killed Richard A. Barber, the decedent, after a disagreement over a business arrangement spun out of control. The decedent had entered Cook’s home without permission. During their discussions, Cook, armed with a handgun, retreated to his bedroom to retrieve a 12-gauge shotgun and then returned to the living room, where the fatal confrontation occurred.

Please send me an e-mail at [email protected] if you liked or disliked the videos I have produced on youtube.com and rumble.com.

Patrocinado

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Pesquisar
Categorias
Leia mais
Outro
The Four Corners Rule Strikes Again
Evidence that the Defendant Intentionally Shot the Plaintiff Must be Ignored Because Plaintiff...
Por Barry Zalma 2021-07-28 12:16:18 0 4KB
Outro
A Video About the Voluntary Payments Clause
The Notice Prejudice Rule & Voluntary Payments Read the full articles at...
Por Barry Zalma 2021-11-30 14:16:00 0 5KB
Outro
Farmer's Poor Records Cost
Farmer’s Poor Records Costs Read the full article at https://lnkd.in/gPgc--jV and see the...
Por Barry Zalma 2023-01-12 13:53:29 0 4KB
Outro
No Need for Fiduciary Relationship to sue Agent
Insurance Agent Must Fulfill Requests Made by Insured Read the full article at...
Por Barry Zalma 2022-11-07 13:38:48 0 4KB
Outro
Billionaire “philanthropist” and population-control zealot Bill Gates is a criminal madman who must be arrested and tried for “crimes against humanity”
Bill Gates Blasted as “Vaccine Criminal” in Italian Parliament
Por KIRK TRIMBLE 2020-05-22 01:14:17 0 8KB