An intentional act may not exclude insurance coverage if the damage caused by the act was unintentional.
When an employee who is insured under the employer’s commercial liability policy commits an intentional act which results in unintentional harm, the policy’s exclusion clause excluding damage caused intentionally by or at the direction of the insured will not be engaged.
Here is the case citation: Mitsios v. Aviva Insurance Co. of Canada  O.J. No. 552. Ontario Superior Court of Justice. B.A. Allen J. February 19, 2008.
Here is a link to the decision.
This case was originially summarized by Jay Havelaar and edited by David Pilley.Continue Reading...