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⚖️ '''Intentional tort''' is a category of civil wrong in which the person committing the act did so deliberately, with knowledge that harm was substantially certain to result — and its treatment within [[Definition:Insurance | insurance]] contracts and [[Definition:Claims management | claims handling]] raises some of the most consequential coverage questions in [[Definition:Liability insurance | liability]] lines. Unlike negligence-based torts, where liability stems from a failure to exercise reasonable care, intentional torts — including assault, battery, fraud, defamation, false imprisonment, and intentional infliction of emotional distress — involve volitional conduct, which places them squarely within the scope of [[Definition:Intentional act exclusion | intentional act exclusions]] found in most insurance policies. The intersection between intentional torts and insurance coverage is a perpetual source of litigation and coverage disputes worldwide.

🔍 When a [[Definition:Policyholder | policyholder]] is sued for an intentional tort, the [[Definition:Insurance carrier | insurer's]] first task is to determine whether it owes a duty to defend and, ultimately, a duty to indemnify. In many U.S. jurisdictions, the "four corners" or "eight corners" rule requires the insurer to compare the allegations in the complaint against the policy language: if the complaint could conceivably state a covered claim — for instance, if the plaintiff alleges both intentional and negligent conduct — the carrier may be obligated to provide a defense even if the intentional tort claim itself is excluded. In the United Kingdom and other common law markets, insurers similarly analyze whether the policy's [[Definition:Insuring agreement | insuring agreement]] encompasses the alleged conduct, though the procedural framework differs. [[Definition:Directors and officers insurance (D&O) | D&O policies]], [[Definition:Employment practices liability insurance (EPLI) | EPLI]], and [[Definition:Commercial general liability (CGL) | CGL]] policies each handle intentional tort allegations through distinct mechanisms — conduct exclusions, final adjudication requirements, and severability provisions — making careful policy analysis indispensable.

💼 For the insurance industry, intentional torts matter not only as a coverage trigger issue but also as a [[Definition:Reserving | reserving]] and [[Definition:Pricing model | pricing]] consideration. Lines of business that routinely encounter intentional tort allegations — such as [[Definition:Security guard liability insurance | security services liability]], [[Definition:Liquor liability insurance | liquor liability]], and institutional abuse coverage — require [[Definition:Actuarial science | actuarial]] approaches that account for the binary nature of outcomes: either the exclusion holds and the insurer pays nothing, or coverage is found and the indemnity can be enormous. [[Definition:Reinsurance | Reinsurers]] underwriting [[Definition:Excess of loss reinsurance | excess layers]] on casualty treaties must similarly model the potential for large intentional tort verdicts breaking through [[Definition:Attachment point | attachment points]]. The evolving legal landscape — including expanding theories of institutional liability for the intentional acts of employees and agents — ensures that intentional torts remain a dynamic area of insurance law and practice across all major markets.

'''Related concepts:'''
{{Div col|colwidth=20em}}
* [[Definition:Intentional act exclusion]]
* [[Definition:Duty to defend]]
* [[Definition:Negligence]]
* [[Definition:Liability insurance]]
* [[Definition:Severability clause]]
* [[Definition:Duty to indemnify]]
{{Div col end}}

Definition:Intentional tort - Revision history

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