Arising Out Of
Definition
“Arising out of” is legal language commonly found in insurance policies and legal documents that establishes a causal connection between an event or condition and resulting injuries or damages. This phrase requires that the injury be connected to or originate from the specified event, activity, or circumstance—though courts interpret the required degree of connection differently depending on jurisdiction and context.
How It’s Used in Personal Injury Cases
Insurance policies frequently use “arising out of” to define coverage scope. For example, auto liability policies cover bodily injury or property damage “arising out of the ownership, maintenance, or use” of a covered vehicle. This language determines whether an insurance company must cover a particular claim. Disputes often center on whether injuries truly “arose out of” the covered activity or whether the connection is too remote to trigger coverage.
Practical Example
A passenger was retrieving groceries from the trunk of a parked car when another vehicle backed into her. Her injuries arose out of the “use” of the vehicle because she was engaged in an activity directly connected to the car’s transportation function. The auto insurance policy covered her injuries because loading and unloading cargo is considered vehicle “use.” However, if she had been merely standing near the car without any connection to its vehicular function, coverage might not apply.
Why It Matters to Your Case
The interpretation of “arising out of” can determine whether insurance coverage applies to your claim. Courts generally interpret this phrase broadly, requiring only that the injury be connected to the specified event in a meaningful way—not that the event be the sole or direct cause. Understanding this connection helps identify all potential insurance coverage available for your injuries.
Key Takeaway
“Arising out of” establishes the required connection between an event and your injuries—this phrase in insurance policies determines whether coverage applies to your claim.