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Accident or mistake: a fundamental requirement for an insurable loss

This part of the website deals with the requirement for an “accident” or “mistake” (referred to as a “fortuity” in insurance law) before coverage will be available under an insurance policy. In the case of a liability policy there must have been a “mistake” by the insured that resulted in a claim being made against the insured, and in the case of a property insurance policy there must have been an “accident” that caused the property damage. Liability or property insurance is not available for intentional acts, and so in all cases an “accident” or “mistake” is a prerequisite to insurance coverage under such policies.

 

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