Adam swung the club behind him as fast and hard as he could. He always felt that his swing and follow through mirrored his wind up. Weak wind up, weak swing. With this drive, Adam hoped to break his personal record. He swung the club back with incredible force. But, it would not end up being his best hit.
When Barry got to the hospital, they didn’t believe him. “Really? This much damage just from a wind up on the golf course?” In his intense concentration, Adam had failed to notice Barry walking by behind him when he swung the club back.
When the claim came in, Adam immediately sent it to his homeowner’s insurer. But, the insurer denied coverage. “We’re sorry Adam. You swung the club on purpose. Your intentional act is not an occurrence.” Is the insurer correct?
Not in any jurisdiction that I am familiar with. Adam intended to swing his golf club. He should have looked behind him, but he had no intention to cause injury. It was a mistake. It was an accident. It was an occurrence.