Trigger Words: Why Language Matters

‘Riot,’ ‘insurrection,’ ‘civil protest,’ ‘domestic terrorism,’ and ‘rally’ are some terms used to describe the event at the U.S. Capitol that occurred on Jan. 6, 2021.

These terms trigger various opinions as to the nature of the event, but do those same words trigger coverage grants or exclusionary terms as well?

Labels alone do not determine coverage; the attendant facts are paramount. However, framing the issue and related facts for an ultimate coverage assessment starts with language.

The terms describing this event match much of what is found in insurance policies. However, the coverage assessment does not stop there.

Facts of the activities leading up to the event, facts during the event, and facts subsequent to it will be critical in a final coverage determination for the various potential first- and third-party-related claims.