Section 15.8 The Unexpected and Unintended Requirement

• Library: Insurance Practice 2015

As mentioned in §15.4 above, under the standard form CGL policy covered damage must also be unexpected and unintended from the standpoint of the insured. In the environmental damage context, whether an insured expected or intended the damage may become critical if contamination resulted from an insured’s intentional acts—e.g., intentional discharge of hazardous wastes during the manufacturing process or intentional delivery of hazardous materials to a landfill. Thus, the issue may be framed as whether the...