Abrams v. General Star Indemnity Co.

This court accepted certification of the following question of law from the United States Court of Appeals for the Ninth Circuit (Ninth Circuit):

“Does an insurer have a duty to defend an insured under an insurance policy with an ‘intentional acts’ exclusion if the complaint against the insured alleges a subjective intent to harm but the claim could be proven through unintentional conduct?”

See ORS 28.200 to 28.255 (describing certified question process); ORAP 12.20 (prescribing procedures for consideration of certified questions). We answer that question in the affirmative, for the reasons…