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IN-Action Archived Past Issues



Volume 135

MARCH 2018

How intentional must it be?

William and Eric were arguing about a woman. The argument became heated and eventually physical. William struck Eric, which resulted in Eric's head hitting the sidewalk. Eric died from the injury and his estate sued William for damages. The Metropolitan Property and Casualty Insurance Company (Metro), his homeowners carrier, refused to respond to the suit and William asked the courts to intervene.

Click here to see how the courts ruled.

 

Is it the action or the result?

The ISO Homeowners Expected or Intended Injury Personal liability exclusion is very specific. It excludes the act. If the action is intentional, there is no coverage for the resulting injury even if the extent of injury was different from intended and even if the person or property damaged was not the intended target.

Click here to read the PF&M analysis of the ISO Homeowners Personal Liability Expected or Intended injury exclusion.

 

Identifying coverage gaps

The expected and intended injury exclusion is a serious coverage gap that cannot be covered by insurance, but there are other exclusions in a policy that can be filled. The only problem is that those gaps are often not realized until after a loss. The Producer's Personal Lines Risk Evaluation System Questionnaire can help locate some of those gaps much earlier in the process and allow the insured to make an informed coverage decision.

Click here to review the Producer's Personal Lines Risk Evaluation System Personal Liability Questionnaire.

 

Finding and filling a coverage gap

Having the client complete a questionnaire is only the first step. The second is reviewing it in order to identify coverage gaps. The third is letting the client know what exposures have been recognized as a potential gap and offer that client solutions.