American Family Mutual Insurance Co. v. Peterson

SIMONETT, Justice.

This appeal involves the intentional act exclusion of a homeowner’s liability policy, and whether an insured may use his voluntary intoxication to establish he lacked the capacity, during an assault, to form an intent to injure the person he assaulted. We construe the policy language not to allow voluntary intoxication to be so used, and we reverse the judgment finding insurance coverage for the insured’s assault.

On August 28, 1981, Stephen Peterson was in his girlfriend’s apartment with the landlady. 1 He asked the landlady, Lana Kelsey, if he might buy the stove and…