A Video About the Assault & Battery Exclusion

Intentional Torts Should Never Be InsurableShow more

Insurance against the liability that comes from an intentional tort is said to be against “public policy.” Insurance companies are generally forbidden to write liability insurance promising protection against the consequences of an intentional tort since such activity would encourage intentional torts.

Assault or battery is, by definition, intentional torts that should not be insured. An assault is defined as:

An intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward person of another, under such circumstances as create well-founded fear of imminent peril, coupled with apparent present ability to execute attempt, if not prevented.

Battery differs from assault only in that the present ability is carried out and there is an actual, unwarranted touching that causes a corporal injury to another.

Insurance involves the transfer from the policyholder to the insurer of the risk of possible losses. It should never be available for losses that the policyholder knows of, plans, intends, or is aware are substantially certain to occur. The standard “occurrence” definition excludes coverage for injury expected or intended by the insured and incorporates the fundamental concept that fortuitous loss as a prerequisite for coverage.

© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4