Legal Opinion · Concurrence

Grinnell Mutual Reinsurance Co. v. Thompson

North Dakota Supreme Court

Decided February 17, 2010No. 20090250Published

1ConcurrenceKapsner, Justice

[¶ 20] I concur with the result reached by the majority. However, I would reach that result in reliance on the intentional act exclusion of the policy. The exclusion is express, unambiguous, and in accord with the legislative policy of this State.

[¶ 21] The policy exclusion provides:

A. We do not provide Liability Coverage for any “insured”:

1. Who intentionally causes “bodily injury” or “property damage”.

The Thompsons do not assert the collision was unintentional.

[¶ 22] This Court has not directly addressed whether motor vehicle liability policies may deny coverage for intentional acts. In…

2Cases cited10 opinions

  1. Hughes v. State Farm Mutual Automobile Insurance Co.North Dakota Supreme Court · 1975
  2. Continental Casualty Co. v. KinseyNorth Dakota Supreme Court · 1993
  3. State Farm Mutual Automobile Insurance Co. v. WertzSouth Dakota Supreme Court · 1995
  4. Snyder v. NelsonOregon Supreme Court · 1977
  5. Utica Mutual Insurance v. Travelers Indemnity Co.Supreme Court of Virginia · 1982

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