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Insurance

Apr. 17, 2010

What Is an 'Accident?'

Rex Heeseman asks, what is an "accident" within the meaning of many insurance policies?

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

For several years, in some areas of the law not much happens - at least at the appellate level; then, there is a "flurry" of appellate activity (see, e.g., numerous decisions starting in 2003 regarding punitive damages). Another example is: what is an "accident" within the meaning of many insurance policies?

Fire Insur. Exchange v. Sup. Ct. (Bourguignon) (2010) 181 Cal.App. 4th 388, by a 2-1 vote, found no "accident" as a matter of law. Both opinions, majority and dissent...

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