Coverage Q&A: The expected or intended injury exclusion can be difficult to apply. Here's why.
By FC&S Editors & By | May 30, 2018 at 08:45 AM
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Question: Our insured is an automobile parts supplier, and the policy is a standard CGL coverage form. While receiving a delivery from a UPS driver, the owner of the business did not want to accept a broken package and told the driver to take it back. The driver refused and kicked it back to the owner of the business. The owner got angry and threw the package at the driver, causing injury.
If this is proven to be intentional, we believe that we can then disclaim coverage, as this is specifically excluded. However, would this apply to the named insured as well as in addition to the owner of the business who caused this injury since the named insured is a different name from the owner? Exclusion 2 a of the policy states: This insurance does not apply to: a. Expected Or Intended Injury. Bodily injury or property damage expected or intended from the standpoint of the insured.
