What is the test for determining whether an accident can be held as an accident?
California, United States of America
The following excerpt is from Shourt v. Fire Ins. Exch., F066432 (Cal. App. 2014):
Court (Bourguignon) (2010) 181 Cal.App.4th 388, 393.) "We know of no case from this or any other jurisdiction where a harm knowingly and purposefully inflicted was held 'accidental' merely because the person inflicting it erroneously believed himself entitled to do so...." (Swain v. California Casualty Ins. Co. (2002) 99 Cal.App.4th 1, 10.)
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