What characterizes unintentional torts in insurance?

Unintentional torts are characterized by the fact that they result from a failure to act with a reasonable standard of care, rather than from intentional wrongdoing. This is where the concept of a "reasonable person" standard comes into play. In legal terms, an unintentional tort occurs when an individual does not exercise the level of care that a reasonable person would in similar circumstances, leading to harm or injury to another person or their property.

This means that the actions (or inactions) that lead to an unintentional tort are not deliberate; rather, they stem from negligence, which is the failure to take reasonable precautions. For example, a driver who accidentally runs a stop sign and causes an accident is committing an unintentional tort because their failure to stop was not malicious, but rather a lack of reasonable care.

Coverage for unintentional torts is often included in liability insurance policies, which are designed to protect against claims arising from such negligent behavior. This understanding reinforces the importance of the “reasonable person” standard in assessing whether a tort is unintentional and whether it may lead to an insurance claim.