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Harleysville Insurance Companies v. Garitta

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Argued September 17, 2001

On certification to the Superior Court, Appellate Division.

This is a declaratory judgment action. Plaintiff insurer seeks a declaration that the homeowner’s policy purchased by the insured does not provide liability coverage for certain conduct of the insured’s son, also an insured person under the policy. Specifically, the son stabbed a third party during an altercation on the insured premises, and the victim died. The trial court granted summary judgment in favor of the insurer, concluding that the son’s actions fell within the policy’s provision excluding coverage for “?bodily injury’ . . . [w]hich is expected or intended by the ?insured’[.]” The Appellate Division disagreed. The panel concluded that the circumstances of the stabbing, together with the son’s intent or expectation in wielding the knife that killed the victim, are sufficiently unclear that a trial is warranted. We agree with the trial court and reverse.

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