Does the term "accident" include conduct constituting the crime of forcible oral oral copulation?
California, United States of America
The following excerpt is from Merced Mutual Ins. Co. v. Mendez, 213 Cal.App.3d 41, 261 Cal.Rptr. 273 (Cal. App. 1989):
We decline to construe the term "accident" to include conduct constituting the crime of forcible oral copulation and/or assault with intent to commit forcible oral copulation. We further are unable to posit any factual construction where such conduct might be interpreted as accidentally occurring.
As the court stated in Giddings v. Industrial Indemnity Company, supra, 112 Cal.App.3d 213, 218, 169 Cal.Rptr. 278:
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