Allstate Insurance v. Malec

The opinion of the Court was delivered by

CLIFFORD, J.

Plaintiff, Allstate Insurance Company (Allstate), seeks a declaratory judgment that its standard automobile liability insurance policy did not afford coverage to its insured, defendant Leah Wilcox, for liability to defendant John F. Malec arising out of an automobile collision of October 17, 1981. Allstate relies on a specific provision in the policy that excludes liability coverage for intentional acts of the insured.

The trial court granted summary judgment for Malec. The Appellate Division, in an unreported opinion, affirmed, holding as a…