New Jersey Subscriber

In determining whether an occurrence is an accident courts have focused on whether the injury is expected or intended by the insured, rather than whether the acts were intentional. In other words, it is the property damage, not the act, which must be neither expected nor intended from the standpoint of the insured. Here, the named insured was not advised until after the fact that it had cut down the wrong trees. Thus, while insured may have intentionally cut 16 acres of jujube, insured did not anticipate or intend the injury which resulted.

Exclusion j(5) is not applicable because it concerns ongoing operations. Here, the property damage was discovered after the insured finished his work, so this would be a completed operations claim. In sum, the property damage was the result of an occurrence and as an operations completed claim, exclusion j(5) is not available to exclude coverage.