Insurance 101 – Chapter 4 – Volume 41 – More on Assault and Battery

 More on Assault and Battery

Under California law, the word “accident” in the coverage clause of a liability policy refers to the conduct of the insured for which liability is sought to be imposed on the insured. This view is consistent with the purpose of liability insurance. Generally, liability insurance is a contract between the insured and the insurance company to provide the insured, in return for the payment of premiums, protection against liability for risks that are within the scope of the policy’s coverage. There is no potential for coverage under the policy where an insured assaults and batters another were acts done with the intent to cause injury and where there is no allegation in the complaint that the acts themselves were merely shielding or the result of a reflex action the injuries were not, as a matter of law, accidental and consequently. An unreasonable belief that the insured is acting in self-defense is not sufficient to make the act of assault and battery an accident.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

 

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