Rulli v. State Farm Fire & Casualty Co.

OPINION

LANSING, Judge.

On appeal from an award of attorney’s fees for defense in a civil action, we hold that the intentional injury exclusion in the homeowner’s policy, as a matter of law, absolves the insurer of its duty to defend.

FACTS

State Farm Insurance Co. refused to defend Angelo Rulli in a suit brought against him by Shirley Kresko on the ground that Kresko alleged causes of action outside the coverage of Rulli’s homeowner’s insurance. Kresko alleged that Rulli kissed and fondled her, attempted to remove her clothing, and initiated other nonconsensual personal and physical contact with…