Are Intentional Acts Covered by an E&O Policy?

It should be obvious that intentional acts are not covered under a professional liability (E&O) insurance policy, but it is rare that a court rules on this question. The intentional acts exclusion in an E&O policy will normally read something like this: …based upon, arising out of directly or indirectly, or in any way involving intentional wrongdoing, fraud, dishonesty, criminal or malicious acts by the Insured In a recent case summarized by Wiley Rein (see here) a court ruled that…

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