Torts/Personal Injury
Nov. 14, 2025
When negligence is not an occurrence: The intersection of intentional conduct and negligence
In State Farm Fire & Casualty Co. v. Diblin, the California Court of Appeal reaffirmed that intentional conduct cannot constitute an "occurrence" under a liability policy, holding that even when a jury finds negligence, coverage is precluded if the injury stems from intentional acts.
Jordan S. Derringer
Special Counsel
Sheppard Mullin
Email: jderringer@sheppardmullin.com
Rutgers Univ SOL; Camden NJ
One of the most recurring issues in insurance law is determining whether there has been an "occurrence." This is especially true in cases where plaintiffs suing for intentional conduct assert negligence claims in the hopes of triggering insurance coverage. In State Farm Fire and Casualty Company v. Curtis Diblin, et al., a recent decision from the California Court of Appeal, the Court analyzed the interplay between intentional torts, negligence, and the meaning of "occ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In