wilful act definition
wilful act means any act or omission which is an intentional tort or which is a breach of any obligation under the Agreement.
wilful act under section 533 means “an act deliberately done for the express purpose of causing damage or intentionally performed with knowledge that damage is highly probable or
wilful act under section 533 means “an act deliberately done for the express purpose of causing damage or intentionally performed with knowledge that damage is highly probable or substantially certain to result.” (Shell Oil, supra, 12 Cal.App.4th at p. 742.) Section 533 also “precludes indemnification, whether or not the insured subjectively intended harm, if the insured seeks coverage for an intentional, wrongful act that is inherently and necessarily harmful.” (Shell Oil, at pp. 740–741.) The statute “does not preclude coverage for acts that are negligent or reckless.” (J. C. Penney, supra, 52 Cal.3d at p. 1021.)
More Definitions of wilful act
wilful act under section 533 means “an act deliberately done for the express purpose of causing damage or intentionally performed with knowledge that damage is highly probable or substantially certain to result.” (Shell Oil, supra, 12 Cal.App.4th at p. 742; Downey, supra, 66 Cal.App.4th at p. 500.) “Conduct for which the law imposes liability, and which is expected or intended to result in damage, must be considered wrongful and willful. Therefore, section 533 precludes indemnification for liability arising from deliberate conduct that the insured expected or intended to cause damage.” (Shell Oil, at p. 743; Downey, at p. 501.) “The appropriate test for ‘expected’ damage is whether the insured knew or believed its conduct was substantially certain or highly likely to result in that kind of damage.” (Shell Oil, at p. 748.) On the other hand, “no form of negligence amounting to less than section 533’s ‘wilful act’ precludes coverage. (Penney, supra, [52 Cal.3d] at p. 1021.)” (Shell Oil, at p. 740.) Thus, “[a]cts of gross negligence or recklessness are not wilful acts within the meaning of section 533.” (Downey, at p. 500.)
wilful act under section 533 means “an act deliberately done for the express purpose of causing damage or intentionally performed with knowledge that damage is highly probable or substantially certain to result.” (Shell Oil, supra, 12 Cal.App.4th at p. 742; Downey, supra, 66 Cal.App.4th at