ALLSTATE INSURANCE COMPANY v. CAMPBELL
SLIP OPINION NO. 2010-OHIO-6312
INTENTIONAL ACT EXCLUSION DISCUSSED
Teens place deer decoy in roadway at night. They ensure that decoy becomes visible only 10-15 seconds before potential impact. Insurer claims that the teens' conduct intentionally caused harm to vehicle occupants; and coverage should be excluded under the "intended/expected" policy exclusion. (See original news story here.)
Insurance policies — Inferred-intent analysis applied to intentional-act exclusions — Inferred intent is not limited to sexual molestation and homicide — Inferred intent applies only when the insured’s intentional act and the harm caused are intrinsically tied so that the act has necessarily resulted in the harm.
SYLLABUS OF THE COURT
1. As applied to an insurance policy’s intentional-act exclusion, the doctrine of inferred intent is not limited to cases of sexual molestation or homicide.
2. As applied to an insurance policy’s intentional-act exclusion, the doctrine of inferred intent applies only in cases in which the insured’s intentional act and the harm caused are intrinsically tied so that the act has necessarily resulted in the harm.
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1 comment:
i really don't understand this whole phenomenon of using animals as a decoy or playing games with it.no driver or insurance company need to pay the price of it.
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