We all know what an “accident” is, right? Think again, at least for purposes of insurance under commercial general liability policies in California. During an argument, you deliberately toss someone into the shallow end of a pool and your victim is injured when he lands on the pool’s concrete step. You buy a strip of your neighbor’s property and build your house on it, only to discover that you encroached because there was a title problem. Most people sued for these events would say it was an “accident” and expect their insurance company to protect them.
Yet the law in California on this issue is unsettled, particularly in light of several recent California decisions, including one by the California Supreme Court — Delgado v. Interinsurance Exchange, 09 C.D.O.S. 9774 — that is now being interpreted by the courts of appeal. This issue is important because CGL policies typically cover an “occurrence,” which in turn is commonly defined by reference to an “accident.”
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