Legal Definitions - actual-injury trigger

The term actual-injury trigger, in the context of insurance, refers to the specific point in time when a person or property *actually suffers damage or injury*. This moment is critical because it is what activates, or "triggers," coverage under an insurance policy. It focuses on when the harm itself concretely occurred, rather than when the event that might lead to injury began (exposure) or when the injury was discovered (manifestation).

Here are a few examples to illustrate this concept:

• Property Damage from a Sudden Event: Imagine a homeowner's property insurance policy. A severe hailstorm suddenly strikes, causing significant damage to the roof and windows of their house. The actual injury occurs at the precise moment the hailstones impact and damage the property. This is when the homeowner's insurance coverage for that specific damage is triggered, not when the storm began forming miles away, nor when the homeowner later files a claim after assessing the damage.

• Professional Liability in Construction: Consider a civil engineering firm that designed a bridge. Years after the bridge's completion, a flaw in the original design causes a critical support beam to crack and weaken, making the bridge unsafe for heavy traffic. The actual injury to the bridge, and thus the public, occurs when the beam actually cracks and the structural integrity is compromised. This event triggers the engineering firm's professional liability insurance for the resulting damage and necessary repairs, rather than the date the faulty design was initially completed.

• Product Liability with a Defective Product: A company manufactures a batch of children's toys. One of these toys has a hidden defect that causes it to break apart into small, sharp pieces when played with, leading to a child sustaining a cut. The actual injury to the child occurs at the moment the toy breaks and causes the physical harm. This specific incident triggers the product liability coverage for the toy manufacturer, not when the toy was manufactured or purchased.