What is the test for the exclusion of medical malpractice coverage in cases involving intent and expectation?

California, United States of America


The following excerpt is from U.S. Fid. & Guar. Co. v. American Employerps Ins. Co., 159 Cal.App.3d 277, 205 Cal.Rptr. 460 (Cal. App. 1984):

In Butler v. Behaeghe (1976) 37 Colo.App. 282, 548 P.2d 934, 938 (a bodily injury case) the court stated: "Where coverage is excluded if bodily injury is 'intended or expected' by the insured, such exclusion is inapplicable if and only if the insured acts without any intent or any expectation of causing an injury, however slight. And conversely, such exclusion is applicable if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended." (Italics added.)

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