Tag archives: Occurrence

124 food poisoning claims is one ‘occurrence’ (US)

By Patrick Bracher (ZA) on February 10, 2021 Posted in Insurance

A Texas district court held that 124 claims for food poisoning from salmonella bacteria suffered by patrons at a restaurant was one ‘occurrence’ within the terms of the restaurant’s insurance policy. An occurrence was defined as ‘an accident including continuous or repeated exposure to the same general harmful conditions’. An occurrence was ‘an accident’ and … Continue reading

‘Occurrence’ in insurance policies

By Donald Dinnie on March 24, 2020 Posted in Insurance

The test enunciated by the English court in Kuwait Airways Corporation v Kuwait Insurance Co [1996] 1 Lloyds Rep 664, confirmed in Mann and Another v Lexington Insurance Company [2000] is no different in South African law. “An ‘occurrence’ (which is not materially different from an event or happening, unless perchance the contractual context requires … Continue reading

One tree falling on three victims is one insurance occurrence

By Patrick Bracher (ZA) on August 27, 2017 Posted in Insurance

The Housing Authority of Somerset, US was liable for failing to maintain an area where a tree fell on three victims and the jury award was $3.7 million. The insurance policy limited coverage to $1 million for each ‘occurrence’. It was held that this was one occurrence. The tree fell on two cousins, one of whom was … Continue reading

Deterioration of plastic bags by sun as an accidental occurrence

By Patrick Bracher (ZA) on September 6, 2016 Posted in Insurance

The US Appeal Court in Iowa held that manufactured plastic bags that deteriorated in sunlight because of the absence of an ultraviolet inhibitor and caused small shreds of plastic to commingle with a customer’s landscaping materials requiring clean-up was an accident and therefore an occurrence under their comprehensive general liability policy. The policy provided coverage … Continue reading