Nationwide Mutual Fire Insurance Co. v. Pelgen

OPINION

VANMETER, Judge.

Homeowners’ insurance policies typically exclude policy coverage for actions intentionally caused by insureds. Under Kentucky precedent, certain actions by the insured give rise to an “inferred intent,” regardless of the actor’s actual intent, so as to preclude coverage. The issue we must address is whether the Campbell Circuit Court erred in failing to apply the inferred intent rule to an insured who killed his wife at a time when it is alleged that he lacked the mental capacity to form intent. As we hold that the trial court erred, we reverse.

The facts are not in…