Also known as: exclusion · exclusionary
Written by attorneys · grounded in primary & secondary sources — see below
A provision in liability insurance policies that bars coverage for bodily injury or property damage the insured expected or intended to cause. This clause is typically the first exclusion listed on standard policies and is also known as the intentional-injury exclusion.
After a shooting at a public hearing, the victim seeks to attend the criminal proceeding. The defendant's liability insurer denies coverage under exclusion a because the insured intended the harm. The court permits the victim to attend after finding no clear and convincing evidence that testimony would be altered.
State police seize evidence without a warrant during a home search. The insured's liability policy contains exclusion a for intended acts. When the insured faces a civil suit from the homeowner, the insurer denies coverage because the conduct was deliberate, leaving the insured to defend the constitutional violation claim alone.
Select any source to read its text and confirm it supports the definition.
A manufacturer sells equipment with a written disclaimer that excludes all implied warranties. The buyer's subsequent injury claim triggers the seller's liability policy. The insurer invokes exclusion a because the seller knew the equipment would cause harm, denying coverage for the expected injury.
In a sexual misconduct prosecution, the defendant seeks to introduce evidence of the victim's prior conduct to protect constitutional rights. The defendant's liability insurer refuses defense costs under exclusion a, asserting the insured intended the underlying harm alleged in the civil companion case.
A property owner uses force to remove a trespasser known to face serious harm if excluded. The owner's liability insurer denies coverage citing exclusion a because the owner intended the resulting injury. The policy therefore provides no defense in the ensuing personal injury suit.
Police obtain a confession after an unlawful arrest, leading to derivative evidence. The suspect's liability insurer refuses to cover resulting civil claims under exclusion a because the insured's conduct was intentional. The policy exclusion leaves the insured personally responsible for damages arising from the constitutional violation.
Exclusion a applies when the insured subjectively expected or intended to cause the injury. Courts examine the insured's actual knowledge and purpose rather than merely the natural consequences of the act.
Supporting sources
No. Exclusion a requires a showing that the insured expected or intended the specific injury. Mere negligence or recklessness that produces unintended harm remains covered unless another exclusion applies.
Supporting sources
Exclusion a is the first-listed and most common intentional-injury exclusion. Other exclusions address different risks such as contractual liability or pollution and do not require proof of the insured's subjective intent.
Supporting sources
…the civil rights cases ( McClung and Daniel ) or Perez —in each of those cases the specific transaction (the race-based exclusion, the use of force) was not itself "commercial." And, if the majority instead means to distinguish generally among broad categories of activities, differentiating what is educational from…