California, United States of America
The following excerpt is from State Farm Mut. Auto. Ins. Co. v. Longden, 197 Cal.App.3d 226, 242 Cal.Rptr. 726 (Cal. App. 1987):
The court in Maples v. Aetna Cas. & Surety Co., supra, concluded the definition of accident championed in Sylla and Oil Base conflicted with that in the above cases and, after a scholarly exploration and critique of the basis for the conclusions reached in Sylla and Oil Base, declined to follow their divergent path. (83 Cal.App.3d 641, 646-650, 148 Cal.Rptr. 80.) This court has not previously addressed the issue. After reviewing all the cited cases we are persuaded by the court's analysis in Maples. Accordingly, we adopt the widely accepted rule for determining the time of the accident as the time when the "complaining party was actually injured," and reject the contrary definition proffered in Sylla and Oil Base. Applying this definition to the facts here, the actual injury took place on August 1, outside the policy period.
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