DAMN-FOOL DOCTRINE
damn-fool doctrine. Insurance. The principle that an insurer may deny (esp. liability) coverage when an insured engages in behavior that is so ill-conceived that the insurer should not be compelled to bear the loss resulting from the insured’s actions.¡ª Also termed damned-fool doctrine.
¡°The ¡®damn foolish acts’ concept is not a perfect predictor of judicial decisions, both because of its own imprecision and because other considerations, such as a desire to assure an innocent third party a source of indemnification, may influence a court. However, especially when … the insured who acted foolishly has sufficient resources to provide compensation to the injured persons, analysis of a coverage issue on the basis of a ¡®damn fool¡¯ doctrine is frequently a very effective approach both to predicting and to understanding outcomes.¡± Robert E. Keeton & Alan I. Widiss, Insurance Law: A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices ¡ì 5.4, at 541 (1988).
What is the preferred translation of the term DAMN-FOOL DOCTRINE by Chinese lawyers?
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