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What is Expected / Intended Exclusion in Liability Insurance?
Definition & Meaning
The term "expected/intended exclusion" refers to a specific provision found in many commercial general liability insurance policies. This exclusion indicates that the policy will not cover any property damage or bodily injury that the insured party expected or intended to occur. However, it is important to note that this exclusion does not apply to harm that results from using reasonable force to protect oneself or others. This clause is typically the first exclusion listed in most policies and is also referred to as the intentional-injury exclusion.
Table of content
Legal Use & context
The expected/intended exclusion is primarily used in the context of insurance law. It is relevant in civil cases where liability for damages is being determined. This exclusion is particularly significant in commercial liability claims, as it helps insurers avoid paying for damages that arise from intentional acts. Users may encounter this term when reviewing their insurance policies or when dealing with claims related to bodily injury or property damage. Legal templates available through US Legal Forms can assist users in understanding their rights and obligations under these policies.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A business owner intentionally damages a competitor's property during a dispute. In this case, their commercial liability insurance would likely deny coverage for any claims arising from that damage due to the expected/intended exclusion.
Example 2: A homeowner uses reasonable force to remove an intruder from their property, resulting in injury to the intruder. The expected/intended exclusion would not apply here, as the homeowner acted to protect themselves. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Generally follows the standard exclusion but may have specific interpretations in court cases.
Texas
Similar exclusions apply, but the burden of proof may differ in liability cases.
New York
Courts may interpret the exclusion based on the intent behind the actions taken.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Intentional Injury Exclusion
Excludes coverage for injuries intentionally inflicted.
Similar to expected/intended exclusion but focuses solely on bodily injury.
Accidental Injury Coverage
Covers injuries that occur unexpectedly and unintentionally.
Contrasts with expected/intended exclusion, as it provides coverage for unintentional harm.
Common misunderstandings
What to do if this term applies to you
If you find that the expected/intended exclusion applies to your situation, consider the following steps:
Review your insurance policy to understand the exclusions and coverage limits.
Document any incidents carefully, noting the context and actions taken.
Consult with a legal professional if you need clarification on your rights or if a claim is denied.
Explore US Legal Forms for templates that can help you navigate insurance claims or disputes.
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