Manifestation Theory Law and Legal Definition
Manifestation theory refers to a legal theory recognizing an injury as an insurable loss when injury is manifested to an injured. Manifestation theory is also an insurance doctrine stating that an injury or disease is covered under the policy, on a first appearance of symptoms of the covered injury or disease. Manifestation theory is also known as exposure theory, actual-injury trigger, or triple trigger.
However, some injuries do not manifest themselves immediately between the occurrence of the event and time when the injury becomes apparent. The consequences are referred to as delayed manifestation injuries. A delayed manifestation injury is not recognized under manifestation theory and hence coverage cannot be provided under insurance policy.
The following is an example of a case law defining manifestation theory:
Manifestation theory states that an insurance coverage applies under a policy if the property damage manifests during the policy period, regardless of when the act from which it resulted occurred.[Audubon Trace Condo. Ass'n v. Brignac-Derbes, Inc., 924 So. 2d 1131 (La.App. 5 Cir. Feb. 27, 2006)].
