In accident auto insurance additional reading cases, the phrase most often is “an unlooked for mishap or an untoward event which isn’t sought out or designed. ” But if the definition comes from statute or case law, the courts have experienced difficulty over the years in drawing exactly the line between accidental and intended conduct. In some cases they’ve centered on the conduct as distinct from the result. When the conduct was intended, that has sometimes been enough to characterize the entire event as intentional, whether or not the result was not contemplated. A variation of the approach would be to characterize the intended conduct as so reckless that the result is deemed to have been deliberately courted, otherwise specifically intended. However, it is clear that mere negligence on the part of the insured does not detract from the accidental nature of any injury that results. Indeed, this really is even true, a minimum of poor automobile accidents, of conduct that’s dangerous or grossly negligent. More about KY
The most vexing problem in this regard arises with respect to driving under the influence. Driving after “consuming alcohol could, in present times once the matter is widely publicized, be seen because the deliberate courting of a serious injury risk. But, in terms of the meaning of accident, it’s been held that injury sustained while driving intoxicated does not constitute an intended event. While injury might be a reasonably foreseeable consequence of the voluntary act of drinking to excess, that result is still an accident. An English case has held that the risks of injury are neither deliberately run, nor actually appreciated with a person driving after consuming alcohol. However, that doesn’t dispose of the matter. Most schemes have an express exclusion (or at least a limitation on recovery) associated with accidents involving alcohol.