Aetna Casualty & Surety Co. v. Freyer

The defendant, Lewis Freyer, was sued for maliciously assaulting another person and maliciously damaging certain property. His insurer filed an action for declaratory judgment seeking a declaration of no coverage. The trial court ruled that the insurer was required to provide a defense. We disagree and reverse.

Shirley Kleinman filed an action against defendant alleging in count I that on June 25,1974, he wrongfully and violently assaulted her, struck her with his fists in the face and on the body, blacking an eye, bruising and injuring her head and face and tearing out some of her hair; that…