A Comparative Perspective: Recognition of the Continuous Injury Trigger in Insurance Law in the United States and the United Kingdom

Authors

Emalie Diaz Sundale

Abstract

The standard Commercial General Liability coverage form obligates an insurer to indemnify the insured for bodily injury and property damages caused by an "occurrence" during the policy period. The form defines "occurrence" as "an accident, including continuous or repeated exposure to substantially the same harmful condition." When an injury occurs over a period of time, questions arise in pinning down a precise moment when such a continuous injury begins. The question of whether the resulting injury is covered under a given insurance policy, or, whether the insurance policy has been "triggered," vexes courts in the United States and the United Kingdom alike.

Recommended Citation

Emalie Diaz Sundale, A Comparative Perspective: Recognition of the Continuous Injury Trigger in Insurance Law in the United States and the United Kingdom, 39 Hastings Int'l & Comp. L. Rev. 281 (2016).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol39/iss1/15