Berg v. Fall

James Fall appeals a summary declaratory judgment dismissing his insurer, State Farm Insurance Company, from an action commenced by the plaintiff, Robin Berg. Berg’s claim arose when Fall struck him in the face with his fist. Fall argues that because he acted in self-defense, State Farm’s policy clause excluding liability coverage for bodily injury "expected or intended by the insured” does not apply to his conduct. The trial court held that the blow triggered the exclusion clause regardless of whether Fall intended primarily to defend himself or to injure Berg. Whether an exclusion of…