State Farm Fire & Casualty Co. v. Carter

Beasley, Presiding Judge.

Lowery sued Carter, alleging that Carter had wilfully caused him personal injury. Carter filed a third-party complaint against State Farm, asserting that State Farm was obligated to defend him and pay any judgment under a homeowner’s insurance policy on his Alabama residence.

State Farm moved for summary judgment on the ground that the policy excludes coverage for “bodily injury or property damage: (1) which is either expected or intended by an insured; or (2) to any person or property which is the result of willful and malicious acts of an insured.” Interlocutory…