August 2011 Dec Page
Article of the Month
Commercial liability forms and personal liability forms have long contained a provision excluding from liability coverage claims for bodily injury and property damage expected or intended by the insured. However, there is no general consensus concerning the meaning of the phrase “expected or intended”; courts have applied a variety of definitions and tests to determine the meaning. The discussion at Expected or Intended.analyzes various issues concerning the interpretation of this phrase.
Among the questions discussed in this article are the following: are expected and intended synonymous; what is the importance of intent; what about when the act is intentional but the resulting harm is not; what is the effect of intoxication or mental incapacity on the ability of the insured to form necessary intent; and what is the relationship between an occurrence and an expected or intended act and result.
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