Citation

Salton CA. Calif. Law Rev. 1990; 78(4): 1027-1068.

Copyright

(Copyright © 1990, School of Jurisprudence of the University of California)

DOI

10.2307/3480719

PMID

unavailable

Abstract

Insurance coverage is usually denied where an individual intentionally causes damage to persons or property. The analysis becomes more complicated, however, where the mental capacity of the insured is in question. Courts have used a number of tests to examine the mental state of an insured in order to determine whether she could form the requisite intent. This Comment begins by examining the judicial confusion and inconsistency in applying these tests. The author argues that the existing tests are unsatisfactory, both in their formulation and in their application. The author proposes a new test for ascertaining mental capacity of an insured, one that will provide consistency, avoid confusion, and accord with the public policy of insurance.