California Does Not Bar Defense Coverage For "Willful Acts"

Orrick, Herrington & Sutcliffe LLP
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"California prohibits insurers from indemnifying policyholders for their intentional misconduct, as a matter of public policy and as codified in California Insurance Code section 533. This bar on insurance coverage, however, does not necessarily bar insurers from providing or paying for a defense against accusations of wrongful conduct. When California policyholders tender a complaint alleging intentional wrongdoing — such as a qui tam lawsuit alleging False Claims Act (FCA) violations — they should not simply accept an insurer’s broad coverage denial relying upon Section 533."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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