Simple English definitions for legal terms
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An injury-in-fact trigger is when someone experiences harm or damage, like in a car accident, which activates coverage under an insurance policy. It's also called an actual-injury trigger. This is different from other theories, like the exposure theory or manifestation theory, which focus on when the harm was first discovered or when the exposure to harm occurred.
Definition: An injury-in-fact trigger is the point at which an insured person suffers damage or injury, such as during an automobile accident. This event invokes coverage under an insurance policy.
For example, if a person gets into a car accident and suffers injuries, the injury-in-fact trigger would be the moment of the accident. This would be the point at which the insurance policy would be invoked to cover any damages or medical expenses resulting from the accident.
Other theories related to insurance coverage include the exposure theory, manifestation theory, and triple trigger. However, the injury-in-fact trigger specifically refers to the moment of the actual injury or damage.