January 2009 Dec Page

Question of the Month

Various insurance forms contain language excluding coverage for occurrences “arising out of” a particular set of circumstances, such as using a motor vehicle without permission or engaging in a certain type of business activity. So, the question then is, what exactly does the phrase “arising out of” mean? Does the language equate with “caused by”, or “resulting from”, or perhaps “in the course of”?

Courts around the country have addressed this question and, of course, varying opinions exist. For help in understanding this common insurance policy phrase and for a thorough examination of the various judicial interpretations of the phrase, see Arising Out Of Issues.

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