Going as far back as the 1973 policy's insuring agreement, the insurer pledges to pay on behalf of the insured all sums the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by an "occurrence." The current CGL form employs simplified language to promise: "We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage…This insurance applies to bodily injury and property damage only if the bodily injury or property damage is caused by an occurrence…" Even the claims-made policy requires that bodily injury or property damage be caused by an occurrence.
"Occurrence" has been defined in generally consistent terms in all editions of the CGL, with the current definition being: "an accident, including continuous or repeated exposure to substantially the same general harmful conditions." The provision requiring damage to be neither expected nor intended is contained in exclusion 2.a.: This insurance does not apply to bodily injury or property damage expected or intended from the standpoint of the insured. The standpoint of the insured is the key. If an event happens that is accidental, neither expected nor intended by the insured, that is an occurrence. In other words, the existence of an occurrence hinges on how the insured, not the insurer or others, views things.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.