When An Intentional Act Is An "Accident"
In a decision that does not differentiate between an act and the result of an act, the California Court of Appeal, Second District, ruled that because the insured did not throw the plaintiff far enough, there was an “accident.” In State Farm Fire & Cas. Co. v. Sup. Ct., __ Cal.App.5th __ [08 CDOS 8156], the insured threw plaintiff into a pool, intending to get him wet. However, instead of landing in the pool, plaintiff landed on the pool’s cement step. The insured was arrested for the incident and pled no contest to a charge of misdemeanor battery. The appellate court concluded this conduct involved an "accident."
The insured’s policy covered damages because of “bodily injury... caused by an occurrence.” It defined “occurrence” to mean “an accident … which results in … bodily injury or … property damage.” The policy also excluded from coverage “bodily injury … which is either expected or intended by the insured … or the result of willful and malicious acts of the insured.” The insurer denied coverage on several grounds, including that the claim did not fall within the insuring agreement because the insured’s misconduct did not involve an “accident.” The insurer also raised the intentional acts exclusion.
The trial court (in the subsequent coverage litigation) concluded the insurer owed a defense, finding the insured did not intend to cause injury to plaintiff and, therefore, the injury was neither expected nor intended. The insurer filed a petition for writ of mandate, arguing the term “accident’ referred to the injury-producing act, and it was irrelevant whether or not the insured intended the injury that flowed from the act. The appellate court disagreed, noting the meaning of “accident” in insurance law was not settled and had been used to refer not only to the alleged conduct but also to unintended or unexpected consequences. The appellate court concluded an “accident” could occur “when either the cause is unintended or the effect is unanticipated.” Additionally, “… an ‘accident’ exists when any aspect in the causal series of events leading to the injury or damage was unintended by the insured and a matter of fortuity.” Accordingly the appellate court determined the claim involved a potentially covered occurrence and triggered a duty to defend under the insurance policy.
