MANIFESTATION THEORY

manifestation theory.Insurance. The doctrine that coverage for an injury or disease falls to the policy in effect when the symptoms of the covered injury or disease first appear. Cf. EXPOSURE THEORY; ACTUAL-INJURY TRIGGER; TRIPLE TRIGGER . [Cases: Insurance 2265. C.J.S.

Insurance §§ 429–430.]

“Some injuries do not manifest themselves until a period of time has elapsed between the occurrence of the event that produces the harm and the time when it becomes apparent. Particularly when these claims result from what often were not recognized as dangerous products or chemicals when the exposure occurred, such as asbestos or dioxin, the consequences are referred to as ‘delayed manifestation’ injuries …. [Under the] ‘[m]anifestation’ theory … [some] courts have concluded that coverage is provided by the insurance policy in place at the time the injury becomes apparent, that is, when the injury is manifested.” Robert E. Keeton & Alan I. Widiss, Insurance Law: A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices § 5.10(d)(3), at 598 (1988).

[Blacks Law 8th]