Accidental damage

In the absence of a precise policy definition, the term will be interpreted as common English language usage. Accidental damage is typically defined as “unintended and unexpected damage caused by sudden and external means, subject to certain exceptions, such as electrical and mechanical derangement, inherent vice, and action of insects, moths, vermin, and the like.” ‘Visible damage not caused on purpose’ is a common phrase, subject to exclusions to put certain matters beyond doubt. ‘Damage’ includes accidental destruction but not necessarily ‘accidental loss,’ though where the loss is of an integral part of an item, such as couch covers, the resulting ‘impairment’ is likely to be regarded as ‘accidental damage.

Accidental damage cover

Coverage provided by a household or commercial policy that includes all of the benefits of a standard named peril policy as well as accidental damage coverage, such as spilling paint on a rug or laptop. A loss must be matched to a named peril under a named peril policy.

Accidental damage excess

An alternative term for excessive damage. It is the excess in the loss or damage section of comprehensive motor policies and applies only to claims involving the insured vehicle’s loss or damage. In the case of loss or damage caused by fire or theft, the excess is waived. All auto policies include an accidental damage excess for young and inexperienced drivers.

Accidental damage to property

liability policy considers damage to be accidental if it is unexpected and unintended from the standpoint of the insured. Property refers to’material property’ rather than property or intellectual property rights. See accidental damage for first-party coverage.

See Also:  Accidental Bodily Injury

Accidental fire

The Fire Prevention (Metropolis) Act 1774, Section 86, states that no action can be brought against anyone whose premises a fire starts by accident. Accidental fire was defined in Filliter v. Phippard (1847) as “fire produced by mere chance or incapable of being traced to any particular cause.” Thus, if the cause of the fire is negligence, nuisance, or a Rylands v. Fletcher object, the fire is not ‘accidental,’ and the defence under s.86 is inapplicable. It appears that any liability for fire was intended to be fault-based.

Accidental occurrence

An event or series of events that occurs unintentionally or unexpectedly and causes injury or damage. An incident can occur as a result of continuous or repeated exposure to hazardous conditions, with no single event causing the injury. An ‘accident’ is more often than not sudden and occurs at a specific time and place.

See Also:  Slow Accident