Intentional Torts Should Never Be Insurable

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Insurance against the liability that comes from an intentional tort is said to be against “public policy.” Insurance companies are generally forbidden to write liability insurance promising protection against the consequences of an intentional tort since such activity would encourage intentional torts.

Assault or battery is, by definition, intentional torts that should not be insured. An assault is defined as: "An intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward person of another, under such circumstances as create well-founded fear of imminent peril, coupled with apparent present ability to execute attempt, if not prevented."

Insurance involves the transfer from the policyholder to the insurer of the risk of possible losses. It should never be available for losses that the policyholder knows of, plans, intends, or is aware are substantially certain to occur.