California Codes
Cal. Insurance Code § 533 (2026)
✓ current as of May 2026
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An insurer is not liable for a loss caused by the wilful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others.
Notes of Decisions
Cited in 198
cases (21 in the last 5 years), 1960–2025 · leading case: Waller v. Truck Ins. Exch., Inc., 900 P.2d 619 (Cal. 1995).
Waller v. Truck Ins. Exch., Inc., 900 P.2d 619 (Cal. 1995). “'s letter to Marmac denying coverage "waived policy based defenses not specified therein"; and (4) Insurance Code section 533, disallowing coverage for the insured's "willful" acts, did not excuse T.”
Horace Mann Ins. Co. v. Barbara B., 846 P.2d 792 (Cal. 1993). “" (Ins. Code, § 533.) Thus, at the time the summary judgment motion was decided, Horace Mann Insurance Company could not establish beyond doubt that Barbara's action against Gary Lawrence Lee included only noncovered claims.”
State Farm Gen. Ins. v. Mintarsih, 175 Cal. App. 4th 274 (Cal. Ct. App. 2009). “In addition, Insurance Code section 533 precludes indemnity for the compensatory damages awarded against the Lams for false imprisonment and negligence.”
California Amplifier, Inc. v. RLI Ins. Co., 2001 Cal. Daily Op. Serv. 10101 (Cal. Ct. App. 2001). “) Insurance Code Section 533 Precludes Coverage of Corporations Code Section 25500 Liability Appellants contend that, even if liability under Corporations Code section 25500 is limited to a willful violation of Corporations Code section 25400, insurance coverage is permitted by…”
Taylor v. Superior Court, 598 P.2d 854 (Cal. 1979). “Under the traditional view, an award of punitive damage nullifies all insurance coverage.”
J. C. Penney Cas. Ins. v. M. K., 804 P.2d 689 (Cal. 1991). “Except in the present case, every court to decide this issue under California law has held that a homeowner's insurance policy does not provide liability coverage for child molestation.”
California Cas. Mgmt. Co. v. Martocchio, 21 Media L. Rep. (BNA) 1526 (Cal. Ct. App. 1992). “Insurance Code Section 533 and the Meaning of “Wilful” Insurance Code section 533 has existed without substantive change in the law of this state since it was codified as Civil Code section 2629 in 1873-1874.”
Axis Reinsurance Co. v. Telekenex, Inc., 913 F. Supp. 2d 793 (N.D. Cal. 2012). “In Count II, Axis asserts that California Insurance Code § 533 also bars recovery for the amounts awarded in the Straitshot action.”
Palmer v. Truck Ins. Exch., 988 P.2d 568 (Cal. 1999). “4 The court further held that: (1) the Newhall judgment fell within the scope of the policy language requiring coverage for infringement “of title or of slogan” despite the language excluding coverage for trademark infringement; and (2) Insurance Code section 533—which bars…”
California Shoppers, Inc. v. Royal Globe Ins. Co., 175 Cal. App. 3d 1 (Cal. Ct. App. 1985). “) The rule which emerges from the cited cases is: Insurance Code section 533 clearly excludes coverage of those "wilful" acts committed with the specific intent to injure, but not those nonmalicious acts committed with the sole intent to do the act which caused the harm. (4c) In…”
Cates Constr., Inc. v. Talbot Partners, 980 P.2d 407 (Cal. 1999). “One court, for instance, determined that the public policy of denying insurance coverage for willful wrongs (Ins.Code, § 533) is not offended by requiring a surety on a public works payment bond to pay an interest penalty based on the contractor's conduct.”
People v. Jennings, 5 Cal. Daily Op. Serv. 2901 (Cal. Ct. App. 2005). “We note that the People previously conceded that Jennings should be credited for the entire portion of the settlement allocated to Hockridge's medical expenses.”
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