Bamert v. Johnson

11 MOORE, J.

This appeal concerns an insurer’s obligation to defend and coverage under a homeowner’s insurance policy containing an exclusion for bodily injury or property damage which is either expected or intended by the insured, or which is the result of willful and malicious acts of the insured. The trial court granted summary judgment in the insurer’s favor in a situation involving a physical encounter between two neighbors, in which the insured claimed self-defense. For the following reasons, we reverse and remand.

FACTS

David Bamert, Sr. (Bamert) and Frederick Johnson (Johnson) were…