Can "serious and willful misconduct" under section 533 of the California Civil Code be considered a form of wilful misconduct?
California, United States of America
The following excerpt is from Shell Oil Co. v. Winterthur Swiss Ins. Co., 12 Cal.App.4th 715, 15 Cal.Rptr.2d 815 (Cal. App. 1993):
Defined in these terms, "serious and willful misconduct" meets the requirement that a "wilful act" under section 533 cannot be any form of negligence. (See McKenzie v. Scottish U. & N. Ins. Co., supra, 112 Cal. at p. 558, 44 P. 922.) Logically and semantically, there is no reason to suppose that "serious and willful misconduct" connotes a less culpable state of mind than "wilful act."
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