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Insurance Industry › Insurance Litigation › Intentional Acts Exception

Morris, Manning & Martin, LLP

Illinois Court Holds That Trafficking Allegations—Including Allegations of Negligence—Are Not “Occurrences” or Are Excluded as...

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In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more

Wiley Rein LLP

Claim Against Physician Arising out of Criminal Misconduct in the Sexual Assault of a Patient Does Not Involve Covered...

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An Illinois Appellate Court has ruled that an insurer had no duty to defend an insured in connection with a lawsuit arising out of criminal sexual misconduct charges even though the lawsuit contained negligence claims. Prof’l...more

Kennedys

Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit

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In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more

Wiley Rein LLP

Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying...

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The United States Court of Appeals for the Ninth Circuit, applying California law, has held that California Insurance Code Section 533, which prohibits insurance coverage for willful conduct, does not require a final...more

Hinshaw & Culbertson LLP

Commonsense Prevails; Intentional Attack is not an Insured Accident

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In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more

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