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Insurance

May 28, 2011

Murder, Insanity, and the Intentional Acts Exclusion

The question of "innocence" or "intent" is not always straightforward, especially when mental illness is involved. By Deborah L. Stein of Simpson Thacher & Bartlett LLP


By Deborah L. Stein


In recent years, the question of what constitutes an "intentional" act sufficient to negate insurance coverage has received increasing attention. For example, earlier this year the state Supreme Court in Century-National Insurance Co. v. Garcia, 51 Cal. 4th 564 (2011), was called upon to determine whether a fire insurance policy could properly preclude coverage for allegedly innocent insureds who suffered losses when their son...

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