Allstate Insurance v. Atwood

GILBERT, Chief Judge.

This appeal is an outgrowth of an incident that occurred on Halloween night, 1983. In an apparently unprovoked attack, a teenager, John Atwood, struck Raymond Dacek III, a minor, in the face. Young Dacek, individually and through his father, sued Atwood in the Circuit Court for Montgomery County. The suit alleged that Dacek’s injuries were caused by Atwood’s negligence or deliberate assault and battery upon the youthful plaintiff.

At the time of the occurrence, Atwood resided with his parents, who had a policy of insurance with Allstate Insurance Company. That policy…