Insurance
Sep. 8, 2026
Defeating an insurer's 'expected or intended' defense in abuse coverage litigation in California
California's strict subjective standard for the "expected or intended" insurance defense gives policyholders powerful arguments against insurers seeking to deny coverage or recoup payments for the recent wave of sexual abuse cases arising from decades-old abuse.
Liability insurance is built on fortuity. The policyholder pays premiums to transfer the risk of accidental harm to the insurer, and the standard CGL policy promises to pay sums the insured becomes obligated to pay because of "bodily injury" caused by an "occurrence." Most policies define "occurrence" as an "accident," which is often qualified by an exclusion for injury "expected or intended from the standpoint of the insured." As the Californ...
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