Smith v. Sears, Roebuck & Co.

Nationwide Mutual Fire Insurance Company (hereinafter Nationwide) appeals a partial summary judgment order of the Circuit Court of Kanawha County requiring Nationwide to provide a defense to Ora “Bud” Patton in a suit brought against him by Charles E. and Annette Smith for assault and battery, intentional infliction of emotional distress and defamation. On appeal, Nationwide argues that under Mr. Patton’s homeowner’s insurance policy, Nationwide has no duty to provide coverage or a defense for Mr. Patton’s intentional acts or business pursuits. Mr. Patton argues that because the matter…