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Insureds and insurers need to be aware of the theory favored by the particular jurisdiction in which a lawsuit or claim is brought.

Determining the date of an occurrence, that is when an injury can be said to have occurred, can cause a dispute over which insurance policy applies to a claim or lawsuit.

There is a general rule that applies for determining when an occurrence happens, as stated by the United States Court of Appeals, Third Circuit, in Appalachian Insurance Co. v. Liberty Mutual Insurance Co., 676 F.2d 56 (1982): “There can be no question but that the aspect of the occurrence that must take place within the policy period is the result, that is, the time when the accident or injurious exposure produces the personal injury.” However, when is the actual time when the accident produces the injury and thus, the insurance coverage?

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