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Published: Dec. 17, 2020, 2:19 p.m.

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Exclusions

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https://zalma.com/blog

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An exclusion is a provision of an insurance policy referring to hazards, perils, circumstances, or property not covered by the policy. Exclusions are usually contained in the coverage form or causes of loss form used to construct the insurance policy. One common exclusion is a clause that prohibits coverage for an intentional loss.

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In some states, like California, a statute prohibits insurance of intentional acts (In California, it is Insurance Code \\xa7 533). It should be axiomatic that to pay for an intentional loss defeats the purpose of insurance, which is:

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[T]he fundamental principle that insurance coverage is intended to indemnify for fortuitous events, not events which the insured anticipates and can avoid. Panorama Vill. Condo. Owners Ass\\u2019n. Bd. of Directors v. Allstate Ins. Co., 144 Wash.2d 130, 26 P.3d 910 (Wash. 2001).

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To comply with statues like the California statute, insurance policies contain specific exclusions to limit the coverages available to indemnity for fortuitous or accidental losses. However, not all apparently intentional acts are covered by the exclusion.

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Insurance policies contain specific exclusions to limit the coverages available to indemnity for fortuitous losses.

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