2 Calif. Insurance Decisions Question Boundaries Of Fortuity

By Jodi Green and Sophia von Bergen (May 4, 2022, 6:05 PM EDT) -- Fortuity is the hallmark of liability insurance, incorporated into insurance policies through the definition of "occurrence." California law adds an additional layer of complexity to the typical occurrence requirement in Section 533 of the California Insurance Code, which prohibits coverage for an insured's willful acts.

Recently, California state and federal courts had the opportunity to revisit these concepts in AIU Insurance Co. v. McKesson Corp., which discussed occurrence,[1] and Certain Underwriters at Lloyd's of London v. ConAgra Grocery Products Co., which discussed Section 533.

As these two decisions illustrate, these deceptively simple concepts can be exceedingly difficult to apply to underlying...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!