Minnesota Supreme Court, 1978 Court upholds insurance exclusion for intentional injury where insured intended to cause bodily injury even if actual injury exceeded what was foreseen.

Court upholds insurance exclusion for intentional injury where insured intended to cause bodily injury even if actual injury exceeded what was foreseen.

Iowa Kemper Insurance Co. v. Stone
Minnesota Supreme Court · Decided August 11, 1978 · Rogosheske, Yetka, Wahl, Todd
269 N.W.2d 885; 1978 Minn. LEXIS 1135 (North Western Reporter, Second Series)

Outcome: Affirmed for respondent.

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Iowa Kemper Insurance Co. v. Stone

What happened

The facts of the case, in plain language.

Steven Marrone wrapped a belt around his hand with the buckle and struck Steven Stone in the left temple during an altercation, causing head injuries and subsequent epilepsy.

Steven Marrone was an additional insured under a homeowner's insurance policy issued by Iowa Kemper Insurance in his father's name.

The insurance policy excluded coverage for bodily injury or property damage caused intentionally by or at the direction of the insured.

The evidence established that Marrone intended to cause bodily injury to Stone.

What the court decided

Steven Stone suffered head injuries and epilepsy from a fight with Steven Marrone in 1967. The Stones sued Marrone for $53,000 in damages. Marrone was an additional insured under his father's homeowner's insurance policy with Iowa Kemper Insurance. Kemper sought a declaratory judgment regarding whether its intentional injury exclusion clause barred coverage. The trial court ruled the exclusion applied; the Stones appealed. The Minnesota Supreme Court affirmed. The court held that an intentional injury exclusion operates when the insured intended to cause bodily injury, regardless of whether the actual injury was more severe or different in nature than intended. The evidence showed Marrone intended to injure Stone, bringing the incident within the exclusion.

  1. An intentional injury exclusion in a homeowner's liability policy bars coverage when the insured intended to cause bodily injury, even if the actual injury was more severe or of a different nature than the injury intended. (*887)
  2. The interpretation of the language of an insurance contract is a question of law for the court, not a question of fact for the jury. (*887)
  3. Once a court has declared coverage excluded in separate declaratory judgment proceedings, negligence allegations in the underlying tort complaint impose no continuing defense obligation on the insurer. (*888)

How the court reached its decision

The court's reasoning, step by step.

Whether the intentional injury exclusion in the homeowner's policy barred coverage for bodily injuries Marrone inflicted on Stone during an altercation. Marrone wrapped a belt around his hand holding the buckle and struck Stone in the left temple; both the direct evidence of purposeful conduct and the inferential evidence drawn from the character of the act permitted only one conclusion—Marrone intended to cause bodily injury to Stone. Coverage was properly excluded because Marrone intended to cause bodily injury to Stone; the trial court's determination was clearly correct.

Whether applicability of the intentional injury exclusion should have been submitted to the jury rather than decided by the court as a matter of law. Appellant contended the exclusion's applicability presented a jury question; aside from indications of waiver, the court applied the settled rule that insurance contract interpretation is a legal question for the court. The trial court properly resolved the coverage issue as a matter of law rather than submitting it to the jury.

Key quotes from the opinion

Notable passages from the opinion, in the court's own words.

“The intent may be established by proof of actual intent to injure, or when the character of the act is such that an intention to inflict an injury can be inferred.”
Intent can be established by actual intent or inference from character of act —
“In the instant case, the direct and inferential evidence permits only one conclusion: Marrone intended to injure Stone. The district court's conclusion to that effect was clearly correct; coverage was therefore properly excluded.”
Application of intent standard to the facts of this case —
“The rule is well-established and well-reasoned, consistent with the reasonable expectations of the parties to the insurance contract and the public policy against "licensing" intentional and unlawful harmful acts.”
Public policy rationale for intentional injury exclusion —

Cases the court relied on

Earlier decisions the court cited as authority for its ruling.

  • Continental Western Ins. Co. v. Toal (309 Minn. 169, 244 N.W.2d 121 (Minn. 1976)) — Minnesota Supreme Court precedent directly establishing that an intentional injury exclusion requires only intent to cause bodily injury and further holding that 'expected or intended' and 'caused intentionally' policy formulations are substantively equivalent.
  • Hartford Fire Ins. Co. v. Wagner (296 Minn. 510, 207 N.W.2d 354 (Minn. 1973)) — Minnesota Supreme Court case supporting the rule that intent to cause bodily injury—not specific intent as to the severity or nature of the resulting injury—triggers the intentional injury exclusion, and citing Pendergraft as the foundational authority for that rule.
  • Pendergraft v. Commercial Standard Fire & Marine Co. (342 F.2d 427 (10th Cir. 1965)) — Factually analogous Tenth Circuit case in which an intentional injury exclusion barred coverage for an unanticipated skull fracture caused by the insured's minor son in an assault, establishing that proof of specific subjective intent as to the severity of the resulting injury is not required.
  • Farmers Ins. Exchange v. Sipple (255 N.W.2d 373 (Minn. 1977)) — Recent Minnesota precedent confirming that intent to injure under an intentional injury exclusion may be established by direct proof or inferred from the character of the act.
  • Caspersen v. Webber (298 Minn. 93, 213 N.W.2d 327 (Minn. 1973)) — Minnesota Supreme Court case supporting the proposition that intent to cause injury may be inferred when the nature of the act mandates that harm to the injured party must have been intended.

Full opinion

The complete text of the court's opinion as published.

Opinion

WAHL, Justice.

Appellants Steven and John Stone appeal from the January 31, 1977 order for declaratory judgment in favor of respondent Iowa Kemper Ins. Co. (“Kemper”) 1 After due consideration, we affirm the judgment of the trial court.

At about 9 p. m. on May 17, 1967, Steven Marrone, Edward Buchanan, and Daniel Mazurek, all about age 16, were “just roaming” around Lake Phalen on foot when they encountered Steven Stone and Mary Nicke-lovitch. Marrone and Stone had had prior run-ins and, after a heated exchange, decided to “settle” things. Marrone removed his belt and wrapped it around his hand, holding the buckle, leaving about 10 inches loose. There was some scuffling and shoving; Marrone’s lip was split, and Stone was knocked down by a blow from the belted hand to the left temple. Stone apparently received head injuries in .the fight, resulting in a continuing epileptic condition.

The record indicates that appellants sued Steven Marrone, Edward Buchanan, and Daniel Mazurek to recover damages for the injuries sustained. The complaint included allegations of assault and battery, as well as negligence, and prayed $53,000 damages.

On May 20, 1976, plaintiff-respondent Kemper sued all the parties to the first action and prayed for judgment declaring its rights and obligations pursuant to a contract of insurance between Kemper and Donald Marrone, father of Steven Marrone. By agreement of counsel, the issue was submitted to the Ramsey County District Court for decision based upon the briefs, files, depositions, and exhibits. Judgment was ordered in favor of Kemper on January 31, 1977. This appeal followed.

The sole issue for our determination is whether the trial court erred in declaring applicable the clause excluding coverage for “bodily injury or property damage caused intentionally by or at the direction of the insured.”

At the time of the May 17, 1967 incident, Steven Marrone was an additional insured under a homeowner’s insurance policy in his father’s name. In pertinent part, the policy states:

“Section II of this Policy Does Not Apply:
* * * * * *
“(c) under Cqverages E and F, to bodily injury or property damage caused intentionally by or at the direction of the Insured;”

Appellant initially contends that the applicability of the exclusionary clause should have been left for jury determination. Aside from indications that appellant waived his claim for jury trial, 2 the general *887 rule is that the interpretation of the language of an insurance contract is a question of law, as applied to the facts presented. Associated Ind. Dealers v. Mutual Serv. Ins., 304 Minn. 179, 183, 229 N.W.2d 516, 519 (1975).

There is little dispute over the facts of this case; moreover, the legal issue appears to be well-settled. The “intent” 3 required to exclude coverage is neither the “intent to act ” nor the “intent to cause the specific injury complained of.” Rather, it is the “intent to cause bodily injury ” even if the actual injury is more severe or of a different nature than the injury intended. 4 Continental Western Ins. Co. v. Toal, 309 Minn. 169, 244 N.W.2d 121 (1976); Hartford Fire Ins. Co. v. Wagner, 296 Minn. 510, 207 N.W.2d 354 (1973). The intent may be established by proof of actual intent to injure, or when the character of the act is such that an intention to inflict an injury can be inferred. Farmers Ins. Exchange v. Sipple, Minn., 255 N.W.2d 373, 376 (1977); Caspersen v. Webber, 298 Minn. 93, 99, 213 N.W.2d 327, 330 (1973).

The facts in the instant case are virtually identical with those of Pendergraft v. Commercial Standard Fire & Marine Co., 342 F.2d 427 (10 Cir. 1965), cited as the basis for the rule in Hartford Fire Ins. Co. v. Wagner, 296 Minn. 510, 207 N.W.2d 354 (1973). In Pendergraft, the court of appeals affirmed the declaratory judgment of the trial court, holding that the intentional injury exclusion in the homeowner’s liability policy was effective to exclude liability to the injured party. The insured’s minor son admitted, in deposition, that he committed an assault and battery on another boy, knocking him down and causing a skull fracture. Although the severe resulting injury was clearly not anticipated or intended, the court declined to interpret the exclusionary clause to require proof of specific “subjective intent.” It was sufficient to demonstrate an intent to do bodily injury.

Other jurisdictions have consistently followed this rule and reasoning: Clark v. Allstate Insurance Company, 22 Ariz.App. 601, 529 P.2d 1195 (1975) (affirming summary judgment; coverage excluded where minor intended to strike victim, though not to crush cheekbone); Butler v. Behaeghe, 548 P.2d 934 (Colo.Ct.App. 1976) (affirming trial court; no coverage for injuries sustained in assault and battery); Hartford Fire Ins. Co. v. Spreen, 343 So.2d 649 (Fla.Dist.Ct.App. 1977) (in part, reversing trial court; no coverage in assault and battery, excluded where actual or inferred intent to injure); Oaks v. State Farm Fire & Casualty Company, 137 N.J.Super. 365, 349 A.2d 102 (App.Div. 1975) (reversing trial court; coverage excluded where intent to injure, in assault and battery).

The rule is well-established and well-reasoned, consistent with the reasonable expectations of the parties to the insurance contract and the public policy against “licensing” intentional and unlawful harmful acts. In the instant case, the direct and inferential evidence permits only one conclusion: Marrone intended to injure Stone. The district court’s conclusion to that effect was clearly correct; coverage was therefore properly excluded.

Finally, although the liability insurer generally must undertake the defense of its insured based upon the allegations in the third-party complaint, Red & White Airway Cab Co. v. Transit Cas. Co., 305 Minn. 353, 234 N.W.2d 580 (1975), the allegations of negligence in Stone’s personal injury corn- *888 plaint can impose no continuing obligation where coverage has been declared excluded in separate judicial proceedings. 5

Affirmed.

TODD, J., took no part in the consideration or decision of this case.
1

. An order for judgment is not an appealable order under Rule 103.03, Rules of Civil Appellate Procedure. Cucchiarella v. Kolodzieg, 283 Minn. 515, 166 N.W.2d 100 (1969). This court has discretion to excuse that requirement, under Rule 102, Rules of Civil Appellate Procedure, and reach the merits of the controversy. Brekken v. Holien, 289 Minn. 95, 182 N.W.2d 717 (1970).

2

. The note of issue filed by Kemper’s counsel ambiguously requests trial “by the court and jury.” A return letter from the court administrator advised counsel that the matter had been placed on Court Calendar; the letter indicates that carbon copies were sent to opposing counsel.

The trial transcript states, without objection by counsel, that “[tjhere has been submitted to the Court an agreement of counsel that the Court should decide this as a matter of law

3

. Some policies exclude injuries “expected or intended;” others exclude injuries “caused intentionally.” There is no substantial distinction in meaning. Continental Western Ins. Co. v. Toal, 309 Minn. 169, 244 N.W.2d 121, 124, n. 1 (1976). Accordingly, cases interpreting both are used herein.

4

. “Superficial analysis would suggest that this is an acceptance of the ‘natural consequences of the act’ rule, but it is not. It is a much more narrow gauge that recognizes the correlation only where reason mandates that from the very nature of the act, harm to the injured party must have been intended. A defendant may assert the rock was accidentally released or was not aimed at the victim, but he will not be heard to say he intended to throw the rock softly.” Home Insurance Company v. Neilsen, 332 N.E.2d 240, 243-44 (Ind.App. 1975).

5

. Cf. Fox Chemical Co. Inc. v. Great Am. Ins. Co., Minn., 264 N.W.2d 385 (1978). This court has consistently urged that the insurer’s obligations be determined in separate proceedings. Newcomb v. Meiss, 263 Minn. 315, 322, 116 N.W.2d 593, 598 (1962).

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