Norris Ex Rel. Thomas v. State Farm Fire & Casualty Co.

I dissent because the reasoning of the majority is flawed. At issue in this case is the following exclusion in State Farm’s insurance policy:

SECTION II — EXCLUSIONS

Coverage L and Coverage M do not apply to:

A. Bodily injury or property damage;(1) which is either expected or intended by an insured; or(2) to any person or property which is the result of wilful and malicious acts of an insured.

The majority holds that this section of the policy is ambiguous. According to the majority, to be absolutely clear the exclusions should read this way:

SECTION II — EXCLUSIONS

Coverage L and coverage M do not…