Employers Insurance of Wausau v. Martinez

GRAVES, Justice.

This Court granted discretionary review to resolve the issues of whether an insurance policy’s exclusion of coverage for willful violation of a penal statute requires a criminal conviction of an insured in order for the exclusionary clause within the insurance policy to be invoked, even though the exclusion contains no such requirement. We hold that the provisions of the insurance policy do not require that the insured be convicted of the offense. The insured’s knowing violation of the penal statute is sufficient to invoke the exclusionary clause.

This case involves a claim for…