Tayloe v. Hartford Accident & Indemnity Company

This appeal turns on whether or not the damage to the premises involved in this action resulted from an unavoidable accident within the terms of the plaintiff partnership’s lease.

“Accident” is defined as “an unforeseen event, occuring without the will or design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty.” Black’s Law Dictionary, Third Edition. This definition of an accident was cited with approval in Thomas v. Lawrence, 189 N.C. 521, 127 S.E.…