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Intentional Torts Should Never Be Insurable   

https://zalma.com/blog

Insurance against the liability that comes from an intentional tort is  said to be against \u201cpublic policy.\u201d Insurance companies are generally  forbidden to write liability insurance promising protection against the  consequences of an intentional tort since such activity would encourage  intentional torts.  Assault or battery is, by definition, intentional torts that should not  be insured. An assault is defined as:  An intentional, unlawful offer of corporal injury to another by force,  or force unlawfully directed toward person of another, under such  circumstances as create well-founded fear of imminent peril, coupled  with apparent present ability to execute attempt, if not prevented.  Battery differs from assault only in that the present ability is carried  out and there is an actual, unwarranted touching that causes a corporal  injury to another.  Insurance involves the transfer from the policyholder to the insurer of  the risk of possible losses. It should never be available for losses  that the policyholder knows of, plans, intends, or is aware are  substantially certain to occur. The standard \u201coccurrence\u201d definition  excludes coverage for injury expected or intended by the insured and  incorporates the fundamental concept that fortuitous loss as a  prerequisite for coverage.  \xa9 2021 \u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4