specially concurring:
We granted certiorari to determine whether the intentional act exclusion in Johnson’s homeowner’s liability policy bars recovery by Brown. Based on the undisputed facts I would reverse the court of appeals but my analysis would be different than that set forth in the majority opinion.
Daniel C. Johnson, who was intoxicated, saw the plaintiff, Charlotte Marie Brown, leaving the Nickelodeon Bar with one or more men. Mistaking Brown for his wife, Johnson kicked her in the buttocks, causing serious injury. Johnson admitted that he had intended to kick his wife but that he made a mistake and kicked Brown. Brown sued Johnson to recover damages for the injuries she sustained. Johnson filed for bankruptcy and Brown asserted a claim against Johnson’s homeowner’s insurance policy. Brown executed a covenant not to sue Johnson for assault and battery and agreed to satisfy her negligence claim from the proceeds of the homeowner’s policy the American Family Mutual Insurance Company issued to Johnson.
The sole issue on appeal is whether the injury to Brown resulting from Johnson’s mistake in kicking the wrong person qualifies as “bodily injury ... which is expected or intended” and, thus, forecloses recovery under the “intentional act” exclusion in the homeowner’s policy. In my opinion it does. See Chacon v. American Family Mutual Ins. Co., 788 P.2d 748, 752 (Colo.1990) (Erickson, J., specially concurring) (intentional act exclusion bars recovery by an insured for an intentional act committed by a co-insured).
*958The exclusionary provision of the homeowner’s policy excludes from coverage bodily injury “which is expected or intended” by the insured. The respondents argue that because Johnson thought he was kicking his wife rather than Brown, his act was not expected or intended and was not excluded from coverage under the intentional act provision. An insurance policy protects the insured against risks outside of the insured’s control. The intentional exclusion excludes from coverage risks that the insured can consciously control. Transamerica Ins. Group v. Meere, 143 Ariz. 351, 355-56, 694 P.2d 181, 185-86 (1984); 7A Appleman, Insurance Law and Practice § 4492.01, at 21 (1979).
Johnson admitted that he intended to kick and injure the woman in front of him who he believed to be his wife. Johnson controlled the risk of injury by his actions. No justification or privilege is asserted for the attempted harm. Thus, the mistake of the victim’s identity does not remove Johnson’s conduct from the intentional act exclusionary provision of the homeowner’s policy. See Butler v. Behaeghe, 37 Colo. App. 282, 287, 548 P.2d 934, 938 (1976) (exclusionary clause applies “if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended”).