Haris Ashley
Homeowner's insurance provides extensive protection to property owners, including liability insurance, which covers injury or damage caused to someone else's property. However, most liability insurance policies do not cover intentional acts by the insured party. This is known as the intentional act exclusion or intentional injury exclusion. The exact definition of an intentional act varies by state and policy, and there are some exceptions, such as acts of self-defense, which may or may not be considered intentional depending on the jurisdiction.
| Characteristics | Values |
|---|---|
| Does homeowners insurance cover intentional acts? | No, most liability insurance policies do not cover intentional acts. |
| What about acts of self-defense? | Courts are split on whether injuries committed in self-defense are intentional and expected and thereby excluded by the intentional injury exclusion in the homeowners liability policy. |
| What if I am the victim of an intentional act? | You will still have coverage under your own policy, such as Personal Injury Protection (PIP) and Uninsured/Under-Insured Motorist coverage (UM/UIM). |
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What You'll Learn
Homeowner's insurance does not cover intentional acts of self-defence
Homeowners insurance typically does not cover intentional acts of self-defence. While liability insurance is standard in most homeowners' insurance policies, it does not cover intentional harm caused by the policyholder. This is often referred to by courts as the "intentional injury exclusion".
The "intentional injury exclusion" provision in homeowners liability policies excludes coverage for injury or damage caused intentionally by the insured. This exclusion aims to reinforce the liability policy's coverage clause, stating that bodily injury or property damage must be accidental and not the expected result of intentional conduct.
However, some liability policies include an exception to the "intentional injury exclusion" for "bodily injury resulting from the use of reasonable force to protect persons or property." In these cases, the exclusion does not apply if the policyholder uses reasonable force in self-defence, defence of others, or defence of property.
It's important to note that the determination of whether the "intentional injury exclusion" applies to acts of self-defence depends on the specific wording of the exclusion and the policy as a whole. The court's decision may also vary depending on the state and jurisdiction.
If you are facing a lawsuit due to an intentional act of self-defence, it is crucial to review your homeowners insurance policy carefully and consult with your insurance provider to understand your coverage and potential exclusions.
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Liability insurance does not cover intentional acts
Liability insurance is a type of insurance product that provides protection against claims resulting from injuries and damage to people and property. It is also known as third-party insurance because it pays out money on behalf of the insured to third parties, not the policyholder. This type of insurance is critical for those who are liable and at fault for injuries sustained by other people or in the event that the insured party damages someone else's property. It is often required for automotive insurance policies, product manufacturers, and anyone who practices medicine or law.
Liability insurance policies will usually only cover legal costs and any payouts (up to the policy limit) for unintentional acts by the insured party when found legally liable. This is because public policy disallows insurance coverage for intentionally inflicted injuries. The state aims to discourage people from intentionally harming others. Some states have laws excluding coverage for acts of willful conduct, and insurance companies will often deny coverage in these cases.
Homeowner's insurance may include liability insurance, which can be invaluable if you find yourself facing a lawsuit due to an incident on your property. However, it is not a legal requirement to have this coverage. It is important to check with your insurance company to see if liability insurance is included in your policy.
While there is no automatic bar to coverage just because there was some intentional conduct, most personal injury lawyers believe that items such as punitive damages, assault, and battery are not covered by insurance. This is because they are considered intentional and despicable acts. Before rejecting an intentional conduct claim, the insurance company should take the allegations seriously as the policy's language and jurisprudence could still prove liability.
In conclusion, liability insurance does not cover intentional acts or criminal acts, even if the insured party is found legally responsible. Intentional damage and contractual liabilities are generally not covered in liability insurance policies.
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Coverage Part A does not cover intentional acts
CGL policies have two parts: Coverage Part A and Coverage Part B. Coverage Part A covers liabilities of the insured for accidentally causing bodily injury or property damage. It does not cover losses caused by intentional acts. This is because most states have statutory or common law prohibitions against insuring acts undertaken intentionally, with the intent to cause harm.
For example, if a fight breaks out at a restaurant and the operator drags the instigator into a back room, demanding that he calm down before he can be released, and the patron later collapses and dies, the insurer will point to the absence of an "occurrence" and to the expected or intended exclusion, and will not provide a defense.
On the other hand, if the family sues the operator for false imprisonment, the carrier may reserve the right to deny indemnity (coverage for a claim or loss that is normally provided).
The difference between uninsurable intentional conduct and insurable intentional conduct can be hard to identify and anticipate, creating a gap into which some losses can fall.
Additionally, liability policies contain a provision that excludes coverage for injury or damage caused intentionally by or at the direction of the insured, often referred to by the courts as the "intentional injury exclusion."
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Coverage Part B covers personal injury claims
Homeowner's insurance covers accidents that occur off the property, but it does not cover accidents that happen in your car. This is where automobile insurance comes into play. However, liability insurance, which is standard in most homeowners' insurance policies, covers injuries caused to other people and damage caused to another's property.
Commercial general liability (CGL) insurance policies cover many of the risks that businesses might face. It is commonly known as bodily injury and property damage. There is an entire coverage section focused on a subset of risks that businesses face through normal business operations, called "Coverage B: Personal And Advertising Injury Liability."
Personal Injury Liability covers liability arising from intentional torts, such as libel, slander, wrongful eviction, false arrest, and invasion of privacy. Advertising Liability covers liability caused by harms from claims such as misappropriation of advertising ideas, style of doing business, or copyright infringement.
Workers' Compensation Coverage B is an insurance policy that covers medical care, lost income, and rehabilitation costs for employees who are injured on the job. It provides coverage to employees when the employer is liable. Part B workers’ compensation is for additional damages that go beyond what Part A covers. This coverage is generally required by states if an employer has three or more employees.
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Intentional acts are hard to define and vary by state
Intentional acts are generally excluded from insurance coverage. However, the definition of an intentional act and what constitutes an intentional act vary by state and are often hard to define.
In the context of homeowners' insurance, intentional acts refer to situations where the insured party intentionally causes harm or damage to another person or their property. For example, if a homeowner intentionally hits someone with their car, it would be considered an intentional act, and the standard liability insurance policy would not provide coverage for the incident.
Courts in different jurisdictions have differing opinions on whether injuries committed in self-defence are intentional and expected, and therefore excluded by the intentional injury exclusion in homeowners' liability policies. For instance, in the case of Co. v Persons, the Minnesota Court of Appeals held that the trial court erred by not instructing the jury on self-defence as a possible bar to the intentional tort exclusion. On the other hand, a New York appellate court ruled that shooting someone, even in self-defence, is not a covered "occurrence" as it cannot be characterised as accidental.
The distinction between uninsurable and insurable intentional conduct can be challenging to identify, creating gaps that can result in unforeseen losses. This ambiguity is further compounded by the fact that states have different methods for determining whether the duty to defend is triggered when an intentional act is alleged. In a "four corners" state, the insurer is only obligated to defend if there is an allegation of potentially covered conduct within the complaint itself. In contrast, other states may consider external evidence or the overall context of the incident to determine whether the act was intentional.
It's important to carefully review your homeowners' insurance policy and understand the specific provisions and exclusions regarding intentional acts. While intentional acts are generally excluded from coverage, there may be exceptions or nuances within your policy that could provide protection in certain circumstances.
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Frequently asked questions
No, homeowners insurance does not cover intentional acts. Most states have statutory or common law prohibitions against insuring acts undertaken intentionally, with the intent to cause harm.
The "intentional injury exclusion" is a provision in homeowners liability policies that excludes coverage for injury or damage caused intentionally by the insured.
In some cases, liability policies may include an exception to the intentional injury exclusion for "bodily injury resulting from the use of reasonable force to protect persons or property". This means that if the insured uses reasonable force to defend themselves, others, or property, the intentional injury exclusion may not apply.
If you are the victim of an intentional act, you may still have coverage under your own policy, such as Personal Injury Protection (PIP) or Uninsured/Under-Insured Motorist coverage (UM/UIM).
The coverage of acts of self-defense under homeowners insurance policies is a complex issue that depends on the specific circumstances and the wording of the policy. Some courts have held that acts of self-defense are not covered by the intentional injury exclusion, while others have ruled that they are not a covered "occurrence". It is important to carefully review your policy and consult with an attorney to determine your coverage in such cases.
