The Supreme Court of Alaska incited controversy in C.P. v. Allstate Insurance Company, where the court found that insureds are entitled to homeowners coverage for a sex offense committed by their son.
The Lancasters were sued for negligently failing to protect the victim of the offense, who was physically and sexually attacked by their son while they were out of town. Allstate denied coverage under the "intentional or criminal acts exclusion."
Whether a claim for negligence falls within the intentional acts exclusion depends upon what constitutes an "intentional act."
Generally, commercial and personal liability policies contain a provision excluding claims for bodily injury and property damage "expected or intended" by the insured.
