McCoy v. Coker11/1/2005
Entity General Liability Protection" section of the policy does not apply.
If the negligent building inspection of Wade was an accident, then the policy provides coverage for the claims against Wayne County, and it has waived governmental immunity. The policy does not define "accident". "Non-technical words are to be given their meaning in ordinary speech unless it is clear that the parties intended the words to have a specific technical meaning." Allstate Ins. Co. v. Chatterton, 135 N.C. App. 92, 95, 518 S.E.2d 814, 816-17 (1999) (citations omitted), disc. review denied, 351 N.C. 350, 542 S.E.2d 205 (2000). "The words used in the policy having been selected by the insurance company, any ambiguity or uncertainty as to their meaning must be resolved in favor of the policyholder, or the beneficiary, and against the company."Wachovia Bank & Trust Co. v. Westchester Fire Ins. Co., 276 N.C. 348, 354, 172 S.E.2d 518, 522 (1970). "It is the general rule that where a provision in a policy of insurance is susceptible of two interpretations, when considered in light of the facts in the case, one imposing liability, the other excluding it, the provision will be construed against the insurer." Roach v. Pyramid Life Ins. Co., 248 N.C. 699, 701, 104 S.E.2d 823, 824-25 (1958).
"Policies of liability insurance as well as property and personal injury insurance frequently limit coverage to losses that are caused by 'accident.' In attempting to accommodate the layman's understanding of the term, courts have broadly defined the word to mean an occurrence which is unforeseen, unexpected, extraordinary, either by virtue of the fact that it occurred at all, or because of the extent of the damage. An accident can be either a sudden happening or a slowly evolving process ...."
Black's Law Dictionary (8th ed. 2004), quoting John F. Dobbyn, Insurance Law in a Nutshell 128 (1996). Under the definition of accident in Black's we also find a definition for "culpable accident": "An accident due to negligence." Id.
There are cases in North Carolina interpreting policy language similar, but not identical, to the relevant language in the instant case. Waste Management of Carolinas, Inc. v. Peerless Ins. Co., 315 N.C. 688, 694, 340 S.E.2d 374, 379 (1986); Washington Hous. Auth. v. North Carolina Hous. Auths. Risk Retention Pool, 130 N.C. App. 279, 285, 502 S.E.2d 626, 630 (1998); Wiggins v. Monroe, 73 N.C. App. 44, 326 S.E.2d 39 (1985); Wilmington v. Pigott, 64 N.C. App. 587, 307 S.E.2d 857 (1983); Edwards v. Akion, 52 N.C. App. 688, 691, 279 S.E.2d 894, 896 (1981). In all of the insurance policiesin these cases, "event" (termed "occurrence") is defined as "'an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.'" Waste Management, 315 N.C. at 694, 340 S.E.2d at 379 (emphasis added).
Much of the analysis in these cases focuses on whether the damages incurred were expected or intended by the insured in light of the conduct in question. In making that determination,
he test should be "a subjective one, from the standpoint of the insured, and not an objective one asking whether the insured 'should have' expected the resulting damage," i.e., whether the resulting damage was unexpected or unintended, not whether the act itself was unintended. An "expected or intended" exclusion applies only "if the resulting injury as well as the act were intentional."
Washington Hous. Auth., 130 N.C. App. at 285, 502 S.E.2d at 630.
The Washington Hous. Auth. Court determined that a complaint properly alleged an "accident" under the rel
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