Intentional Injury Exclusion and Various Insurance Policies

We just heard of a disturbing court case, in which a homeowner shot a man, who later died. The man was scaling the homeowner's garage, approaching the window to the room where the family was located. A wrongful death suit was brought against the homeowner; the homeowners insurer denied coverage under the “expected or intended injury” exclusion, and the denial was upheld be the state supreme court. May we have your thoughts?

Michigan Subscriber

Unfortunately, the ISO homeowners form is clear in this regard. Coverage does not apply to bodily injury or property damage “which is expected or intended by one or more insureds.” In the case you cite, the homeowner intended to shoot the intruder, and therefore knew or should have known his actions would result in bodily injury. The policy is silent as to actions taken in self defense.

 

Compare this with the AAIS (American Association of Insurance Services) homeowners form, which contains the exception to the exclusion: “However, this exclusion does not apply to 'bodily injury' or 'property damage' that arises out of the use of reasonable force to protect people or property.”

 

Compare also the ISO commercial general liability (CGL) form, which contains an exception to the “expected or intended” injury exclusion—”This exclusion does not apply to 'bodily injury' resulting from the use of reasonable force to protect persons or property.”

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