Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche explaining the term Insurance Accident and the related topic of personal injury. For more information about the term accident see the pages on Wikipedia.

Insurance Accident-Cases

2012 AES Corporation v. Steadfast Insurance Company, 283 Va. 609, 725 S.E.2d 532.
Intentional release of large amount of greenhouse gasses in the course of energy production and distribution business did not allege an occurrence to invoke coverage as to this general liability policy.

2011 AES Corp. v. Steadfast Ins. Co., 282 Va. 252, 715 S.E.2d 28.
In this declaratory judgment action, insured alleged it was covered under liability policy for claim asserting damages to an Alaskan village caused by global warming attributable to the insured’s intentional release of large amounts of greenhouse gases. This did not constitute an occurrence.

1984 Tucker v. Life Ins. Co., 228 Va. 55, 321 S.E.2d 78.
Life insurance policy provides for loss of life through accidental means. Death is not caused by accident within meaning of policy if insured voluntarily provokes act causing his injury and death or, as aggressor, knows or under circumstances should reasonably anticipate that he will be in danger of death or great bodily harm as result of his course of action, and does not withdraw from dangerous conduct which he initiates. In this case insured voluntarily engaged in violent course of behavior and should have anticipated that his failure would result in him being shot. As such, his death was not accidental.

1982 Liberty Mut. Ins. Co. v. Safeco Ins. Co., 223 Va. 317, 288 S.E.2d 469.
Agent in this case was independent agent who produced assigned risk policy. Carrier stipulated that notice to this agent is notice to carrier. Count characterized this stipulation as “unusual.”

1982 Utica Mut. Ins. Co. v. Travelers Indem. Co., 223 Va. 145, 286 S.E.2d 225.
Insurance accident.Occurrence is synonymous with accident.

1981 Harris v. Bankers Life & Cas. Co., 222 Va. 45, 278 S.E.2d 809.
Accident, unless otherwise defined in policy, is undesigned, sudden and unexpected event that takes place without one’s foresight or expectation. Jury issue presented as to whether stabbing was accident.

1976 Monterey Corp. v. Hart, 216 Va. 843, 224 S.E.2d 142.
Word accident was defined as happening by chance, or unexpectedly taking place, not according to usual course of things.

1972 Hodge v. American Family Life Assur. Co., 213 Va. 30, 189 S.E.2d 351.
In general, where insured is intentionally injured by another, without conduct on his part which might invite injury, or make it reasonably foreseeable, injury is considered accidental.

1961 Smith v. Combined Ins. Co., 202 Va. 758, 120 S.E.2d 267.
Insurance accident.Decedent, fugitive from law, was killed in fire caused by tear gas canisters that police shot in barn. If injury results from insured’s voluntary and aggressive misconduct, it is not death by accidental means even though result may be such as to constitute accidental injury.