Intentional Tort - Insurability

Insurability

Generally, intentional torts are uninsurable as a matter of public policy, meaning that tortfeasors guilty of such torts must pay damages out of their own pocket (if they have any money worth going after). Otherwise, professional criminals could obtain liability insurance to insure against the risk of being caught and prosecuted by the state, or sued in civil actions by their victims.

Of course, this rule has not stopped criminals from attempting to litigate whether particular intentional torts are not really intentional (meaning that their liability insurers would have a duty to defend and indemnify them). The Supreme Court of California forcefully shot down one such attempt: " Section 533 precludes coverage in this case because child molestation is always intentional, it is always wrongful, and it is always harmful."