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A video explaining the Fortuity doctrine and intentional exceptions to documents



See the full video at https://youtu.be/q7FNrIlmWXw [1965653] Implicit in the concept of insurance is that the loss occurs as a result of an accident, not a planned, intended or expected one. Strangely enough, the fortuity principle is never shown in insurance contracts. The principle is rooted in Community law and in the statutes of at least six states. The Fortuity principle has the effect of an exclusion. That is, an all-risk policy can cover all risks minus named exceptions, but never provides coverage for non-continuous events, even if non-continuous events are not called exclusions in the policy. For this reason, the principle of fortification is sometimes called the unnamed exclusion.

A temporary event is an event which as far as the parties to the contract are aware, is dependent on chance. It can be beyond human power to realize the event; it may be under the control of third parties; it may even be a previous event, such as the bottling of a ship, provided that the fact is unknown to the parties. Guinea Baking Company Compagn Ins. Co. of N. Am., 724 F.2d 369,372 (3d Cir. 1983) (citing restoration of contract § 291 cmt. A (1932))

the consequences of their own ongoing misconduct. ”( Scottsdale Ins. Co. v. Travis, Court of Appeal of Texas, 68 SW3d 72 (2001))

Exclusion of Intentional Documents

Judge Cardozo, 1923, stated a simple and obvious the rule of law that “no one may exploit his own fault. { Messersmith v. American Fidelity Co. 232 N.Y. 161, 133 N.E. 432 (1921).] California, according to the charter, has codified Cardozo's statement. Almost all insurances issued in the United States exclude intentional acts of the insured. Those not covered by the public order adopted by most states. To insure against wrongdoing would be to let people act wrongly without negative effects as their victims would be compensated through insurance.

Insurance involves the transfer of the risk of possible losses from the policyholder to the insurer. It is not available for losses that the policyholder knows, plans, thinks or is aware of is substantially certain to occur. Insurers facing a design defect may try to exclude coverage by claiming that the insured intends to build a defective structure. This is not a wise option to exercise unless the insurer has clear and convincing evidence of such an intention.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to the position of specialized insurance consultant. in terms of insurance coverage, insurance claims handling, cheating and insurance fraud almost equally for insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professional in insurance claims.

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