Intentional Injury Exclusion – Willful and Malicious – in Personal Liability Insurance Policies

When determining whether the intentional injury exclusion — “willful and malicious acts of any insured” — will preclude coverage in a personal liability insurance policy, it is immaterial whether the insured intended the actual resulting injuries.

The act is “willful” if the actor has intentionally done an act of unreasonable character in reckless disregard of the risk known to him, or so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that harm would follow. It is usually accompanied by a conscious indifference to consequences, amounting almost to a willingness that harm should follow.

“Malicious” is characterized by, or involving, malice; having, or done with, wicked or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse.

Keatley v. State Farm Fire & Cas. Ins. Co., 594 So.2d 963 (La. App. 3d Cir. 1992).

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