What is the state of the law on "accident-based" liability in general liability claims?

To avoid the consequences of the conclusion that no "accident" has been alleged, the insured argues he might be found merely "negligent," or may be found to have mistakenly believed the claimant had "consented." Attempting to draw a distinction between the intentional tort causes of action and the "negligence-based" causes of action, the insured argues that there will be covered liability if he is found to have been "negligent" in serving alcohol to, touching, kissing, embracing, fondling or having sex with the claimant. Such arguments misconstrue the "accident" requirement in standard general liability policies. "Under California law, the term refers to the nature of the insured's conduct, not his state of mind. " (Collin v. American Empire Ins. Co., supra, 21 Cal.App.4th 787, 804, 26 Cal.Rptr.2d 391, emphasis added.) "Negligent" or not, in this case the insured's conduct alleged to have given rise to claimant's injuries is necessarily non-accidental, not because any "harm" was intended, but simply because the conduct could not be engaged in by "accident."