Allied Mutual Insurance Co. v. Costello

HARRIS, Justice.

This case involves another claim of an “intentional” act under the exclusion provision of a liability insurance policy. The question is whether the insured’s mental state deprived him of the ability to intend the assault he perpetrated. The trial court thought yes; we think no.

The plaintiffs Allied Mutual Insurance Co. and AMCO Insurance Co. (Allied) provided employer liability insurance coverage to defendants William L. Costello and his business, Costello Insurance Agency, Inc. The policies contain an exclusion for “bodily injury intentionally caused or aggravated by you [the…