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Accidental Means Definition

What’s Unintended Means?

Unintended means is a situation for losses lined beneath an insurance coverage that requires the loss to have been the results of an accident, relatively than the results of a non-accident. As a situation, unintended means is designed to guard insurers from having to pay claims on occasions that weren’t accidents.

Key Takeaways

  • “Unintended means” is a time period utilized by insurance coverage corporations of their insurance policies to say no paying out claims that outcome from non-accidents.
  • Each the harm and the occasion must be thought-about accidents to ensure that a declare to be lined beneath the definition of “unintended means.”
  • Insurance coverage insurance policies for bodily hurt or dying typically embody a provision that requires the dying or harm to be brought on by exterior, violent, and unintended means.
  • Some states contemplate bodily harm insurance policies that use the phrases “unintended means” to be completely different from those who point out “unintended harm.”

Understanding Unintended Means

Insurers use the phrase “accident” to explain an occasion that occurs unintentionally, and which is surprising or unexpected. Unintended means might contain acts that brought on harm or hurt, however which have been themselves unintended. Each the harm and the occasion must be thought-about accidents to ensure that a declare to be lined. Unintended means is a exact definition of “accident”, and is stricter than merely defining an accident as an unexpected occasion.

Insurance coverage insurance policies for bodily hurt or dying typically embody a provision that requires the dying or harm to be brought on by exterior, violent, and unintended means. Unintended means takes into consideration each the trigger and impact of the occasion, relatively than simply the results of the occasion. 

For instance, a development employee with an accidental death and dismemberment coverage who’s injured must (1) not know that the danger of an exercise would lead to a loss, and (2) not know that any occasions main as much as that exercise might lead to a loss. If that employee have been to make use of a machine that he knew had defective wiring and was electrocuted, then he wouldn’t obtain a profit as a result of he ought to have recognized that he may very well be injured due to the wiring downside.

Insurance coverage Coverage Language Reference to Unintended Means 

A typical clause in an insurance coverage coverage that gives protection for unintended dying means may learn, “Due proof that the dying of the insured occurred in consequence, immediately and independently of all different causes, of bodily accidents effected solely by way of exterior, violent and unintended means…”

Whether or not a given occasion is roofed is determined by how the related jurisdiction construes “exterior, violent and unintended means.” “Violent” and “exterior” generally qualify the idea of “unintended means,” and the courts are in widespread settlement on that definition. 

Particular Consideration

Some states contemplate bodily harm insurance policies that use the phrases “unintended means” to be completely different from those who point out “unintended harm.” Court cases might hinge on whether or not the wording of the coverage implies that the insurer has legal responsibility for the reason for the accident (dying or harm from unintended means), or if the legal responsibility relies on the impact (harm or dying).

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