Is an instant insurance policy limited to liability for injuries sustained by a plaintiff in a motor vehicle accident?

California, United States of America


The following excerpt is from Interinsurance Exchange v. Flores, 45 Cal.App.4th 661, 53 Cal.Rptr.2d 18 (Cal. App. 1996):

The instant policy promises to "pay damages for which any person insured is legally liable because of bodily injury ... caused by an occurrence arising out of the ownership, maintenance or use" of the insured vehicle. (Italics added.) "Occurrence" is defined to mean "an accident ..., including injurious exposure to conditions, which results in bodily injury...." (Italics added.) Therefore, the instant policy provides coverage to Sanders only if he accidentally caused the injury to Flores. "[T]he insured has the burden of showing that there has been an 'occurrence' within the terms of the policy." (Waller v. Truck Ins. Exchange, Inc., supra, 11 Cal.4th at p. 16, 44 Cal.Rptr.2d 370, 900 P.2d 619.)

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