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...

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