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Hastings Business Law Journal

Abstract

A common misconception that insurance coverage is not available for intentional injuries or damage is, in fact, untrue. This myth is based in the “fortuity doctrine” that provides insurance should only cover losses by chance, and public policy that disfavors insurance for intentional harms. In reality, many types of liability insurance policies cover intentional torts ranging from trademark infringement to defamation and employment discrimination. These policies also cover punitive damage awards in most jurisdictions. Furthermore, public policy actually favors insurance recoveries for intentional torts because no empirical data exists to support the proposition that liability insurance increases policy holder misconduct. Rather, insurance allows victim compensation and promotes contract enforcement.

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