TY  - JOUR
PY  - 1990//
TI  - Mental Incapacity and Liability Insurance Exclusionary Clauses: The Effect of Insanity upon Intent
JO  - California law review
A1  - Salton, Catherine A.
SP  - 1027
EP  - 1068
VL  - 78
IS  - 4
N2  - 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.<p /> 
LA  - 
SN  - 0008-1221
UR  - http://dx.doi.org/10.2307/3480719
ID  - ref1
ER  -