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Insurance Law> General Liability Insurance> Harm Exclusions

The CGL Policy Exclusion for Expected or Intended Injury

The comprehensive general liability (CGL) policy normally contains various exclusions from coverage. While the CGL policy insures the policyholder against liability arising from personal injury or property damage to a third party that the policyholder is responsible for, coverage of some hazards is excluded. For example, Exclusion A of a standard CGL policy states that liability for damages from an "expected or intended" injury is not covered.

This insurance does not apply to:

"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property.

Thus, if the damage or injury to the third party was intended by the policyholder, the CGL policy will not protect the policyholder. On the other hand, damage or injury to a third party resulting from an intentional act of the policyholder could be covered if the damage or injury was not intended. Accidental damage or injury that is the consequence of intentional acts may be covered, but intended damage or injury is not covered.

The expected or intended injury exclusion contains an important exception for personal injury resulting from the use of "reasonable" force to protect a person or property. Such personal injury, even though intended by the policyholder, would not be excluded from coverage by Exclusion A if it resulted from such reasonable force as was necessary to protect persons or property.

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