No-fault automobile insurance coverage is limited to injuries arising out of a covered “accident.” The no-fault regulations provide, inter alia, “Mandatory Personal Injury Protection—The [insurance] company will pay first-party benefits to reimburse for basic economic loss sustained by an eligible injured person on account of personal injuries caused by an accident arising out of the use or operation of a motor vehicle…”1 Thus, no-fault automobile policies, and indeed most liability policies, do not cover intentional acts. For purposes of no-fault insurance, whether an automobile collision is an accident or an intentional act is to be interpreted from the viewpoint of the insured claimant.
In State Farm v. Langan,2 the insured, Neil Spicehandler, was injured, and ultimately died, as a result of the intentional and criminal act of the driver of a vehicle, Ronald Popadich, in driving into a group of people. Spicehandler’s estate sought no-fault and uninsured/underinsured benefits under his insurance policy. The insurer disclaimed coverage as the injuries were caused by the intentional act of Popadich.
