'Accident' Remains Open To Interpretation

Law360, New York ( June 21, 2013, 12:25 PM EDT) -- The Fourth Circuit Court of Appeals' recent reversal of the district court (Johnson v. Am. United Life Ins. Co. (4th Cir. May 24, 2013)), reversing Johnson v. AUL (M.D.N.C. 2012), illustrates the never-ending struggle to define the word "accident" in a situation involving a driver who intentionally becomes highly intoxicated and intentionally drives, knowing the inherent dangers, yet probably does not intend to crash, sustain injury and/or perish. As recognized by the court in the seminal case, Wickman v. Northwestern Nat'l Ins. Co., 908 F. 2d 1077, 1087 (1st Cir. 1990), the word "accident" eludes articulation, particularly in this scenario....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!