North Dakota Century Code

N.D. Cent. Code § 26.1-32-04 (2026)

Willful act exonerates insurer, negligence does not

✓ current as of May 2026

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An insurer is not liable for a loss caused by the willful act of the insured, but the insurer is not exonerated by the negligence of the insured or of the insured's agents or others.

Notes of Decisions

Cited in 9 cases, 1993–2012 · leading case: Cont'l Cas. Co. v. Kinsey, 499 N.W.2d 574 (N.D. 1993).

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Cont'l Cas. Co. v. Kinsey, 499 N.W.2d 574 (N.D. 1993). · cites it 20× “Although the constitution is silent on this issue, the Legislature has spoken to it, under Section 26.1-32-04, N.D.C.C.: " Willful act exonerates insurer, negligence does not.”

Tibert v. Nodak Mut. Ins. Co., 2012 ND 81 (N.D. 2012). · cites it 8× “The district court granted Nodak’s motion for summary judgment, holding the jury’s finding that the Tiberts had acted in concert was res judicata on the issue of whether their conduct was intentional, and coverage was therefore barred by the intentional acts exclusions in the…”

Grinnell Mut. Reinsurance Co. v. Thompson, 2010 ND 22 (N.D. 2010). · cites it 40× “1977) (in reference to N.D.C.C. § 26.1-32-04, stating: "[T]he North Dakota Legislature has expressly enacted into law public policy stating that an insured cannot be indemnified for losses caused by his own willful acts.”

Utah Farm Bureau Ins. Co. v. Crook, 1999 UT 47 (Utah 1999). · cites it 2× “§ 44-7406(6) (1998); N.D. Cent. Code § 26.1-32-04 (1995); Wash Rev.”

Capitol Indem. Corp. v. Evolution, Inc., 293 F. Supp. 2d 1067 (D.N.D. 2003). · cites it 4× “”); N.D. Cent.Code § 26.1-32-04 (“[a]n insurer is not liable for a loss caused by the willful act of the insured, but the insurer is not exonerated by the negligence of the insured or of the insured’s agents or others.”

Zimmerman Ex Rel. Zimmerman v. Valdak Corp., 1997 ND 203 (N.D. 1997). · cites it 4× “N.D.C.C. § 26.1-32-04 (stating "[a]n insurer is not liable for a loss caused by the willful act of the insured .”

Nodak Mut. Ins. Co. v. Heim, 1997 ND 36 (N.D. 1997). · cites it 2× “1-32-04 exempted an insurer from complying with its express contractual promise to pay punitive damages awarded against the insured.”

Ohio Cas. Ins. Co. v. Clark, 1998 ND 153 (N.D. 1998). · cites it 2× “Section 26.1-32-04, N.D.C.C., provides: "An insurer is not liable for a loss caused by the willful act of the insured, but the insurer is not exonerated by the negligence of the insured or of the insured’s agents or others.”

Mead v. Farmers Union Mut. Ins. Co., 2000 ND 139 (N.D. 2000). · cites it 2× “” [¶ 22] Because Robert Mead’s policy with Farmers Union contained an exclusion of liability for intentional acts and because the issue of whether Robert Mead acted intentionally when he shot and killed Keith Braddock is res judicata, the district court did not err in ruling…”

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