Wilful Intent (Vorsatz)

Concept

Wilful intent refers to the knowing and deliberate causing of the insured event by the policyholder or a person treated as equivalent to the policyholder. Unlike gross or ordinary negligence, where the occurrence of the loss is merely accepted in breach of a duty of care or not recognized, a person acting with wilful intent acts with the awareness and the will to actually bring about the specific loss.

Mandatory Exclusion from Cover

Wilfully causing the insured event is mandatorily excluded from cover in almost all lines of insurance and jurisdictions, since insurability of wilful conduct would contradict the fundamental purpose of insurance as an instrument for covering uncertain risks not brought about by the insured themselves; in many jurisdictions, this exclusion is not merely a contractual matter but a matter of mandatory law, from which deviation by contrary contractual agreement is not permitted.

Burden of Proof and Distinction from Gross Negligence

The burden of proving wilful intent generally rests with the insurer invoking the exclusion, which can present considerable practical difficulties, particularly when distinguishing wilful intent from gross negligence, for which the legal consequences are considerably milder – whereas wilful intent always results in a complete exclusion of the obligation to pay, gross negligence may result only in a proportionate reduction of the insurance benefit.