When Harm ''Occurs'' to Trigger Insurance Coverage ?

In American Physicians Insurance Exchange v. Garcia, the Texas Supreme Court declined to adopt a specific test for an "occurrence" for insurance policies. See 876 S.W.2d 842, 853 n.20 (Tex. 1994). Surveying the law of other jurisdictions, the Court noted at least five tests for when a harm occurs to trigger coverage under an insurance policy: (1) the "pure" or "strict" manifestation rule--"triggers coverage upon actual discovery of injury"; (2) the "relaxed" manifestation rule--"triggers coverage in first policy period during which discovery of injury is possible"; (3) the "exposure" rule--"triggers coverage in any policy period in which exposure to cause of injury occurred"; (4) the "injury-in-fact" rule--"sets trigger in personal injury cases at point when body's defenses are 'overwhelmed'"; and (5) the "multiple" or "triple-trigger" rule--"requires coverage under all policies during period of continuing exposure and manifestation." Id.