The Impact Of Delgado V. Interinsurance

Law360, New York (September 1, 2009, 12:54 PM EDT) -- In Delgado v. Interinsurance Exchange,[1] the California Supreme Court gave a final stamp of approval to a body of California insurance law that has developed over the course of the past four decades regarding the meaning of the term “accident.”

The specific issue presented in Delgado was whether the policyholder’s alleged conduct in physically assaulting and battering another person could be considered an “accident,” as used in the coverage clause of a standard “occurrence”-based liability policy.

The Delgado case raised the issue of the policyholder’s subjective...
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