Self-Defense – 3
The only exception to the “potentiality” argument arises when the conduct is so egregious, so evil, that the intent to cause harm is inherent in the act itself. In J.C. Penney Casualty Insurance Co. v. M.K., the intent to cause harm by an act of child molestation was found to be intrinsic to the act itself. The court, while reaffirming its decision in Clemmer would not allow insurance coverage for the child molester. The California Supreme Court concluded that a carrier may not be required to prove the insured’s “preconceived design to inflict injury” as indicated in Clemmer because that standard was limited “to the insured’s mental capacity to commit the wrongful act.”
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