Insurance Coverage Disputes

Will your insurance cover for intentional acts?

A lawsuit may allege what are called “intentional torts.” These are claims that are intentionally done, as opposed to accidental or negligent. For example, wrongful termination, employment discrimination, assault, or other claims may be brought as intentional torts.

If you are sued for intentional torts, such as employment discrimination, assault, slander, intentional infliction of emotional distress, or a host of other potential intentional torts, your insurance coverage will not apply. No matter what policy that you have, or what coverage, the law set forth in Insurance Code section 533 dictates that no insurance may be obtained for intentional torts.

Even if you are sued for intentional torts, however, the insurance company may have a duty to defend you, meaning, to hire a lawyer to defend you. The standards that obligate an insurance company to defend it’s insured are broader than strict interpretations of the Insurance Code.

Make sure that if you are sued, by anyone setting forth any claims, you provide the lawsuit to each and every insurance company that has issued you an insurance policy. You may be pleasantly surprised that an insurance company may be obligated to defend you, regardless of how the claims are made against you.