West Headnote of the Day – October 2, 2009

October 2, 2009

West's Key 217 Insurance
West's Key 217XXII(A) In General
West's Key 217k2672 Nature and Cause of Injury or Damage
West's Key 217k2675 k. Willful, Intentional, or Illegal Acts.

Named insured’s employee, who ran tractor into vehicle on scale at sugar cooperative in attempt to push it off, intentionally rammed the vehicle and was deemed by law to have intended the resulting injuries, and, thus, exclusion for injury expected or intended by insured applied to liability coverage for injury to victim knocked from the vehicle; the employee believed that the victim had cut in line and assumed victim was in vehicle, and the injuries were substantially certain to follow from the slow motion road rage.
Flugence v. A & M Farms, Inc., 843 So. 2d 1279 (La. Ct. App. 2003)

Suggested by James J. Reeves; Galloway, Johnson, Tomkins, Burr, & Smith; New Orleans, LA

217 Insurance