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An equally divided Court affirms the Appellate Division decision that the exclusionary clauses in this homeowner's insurance policy, for "willful harm" or "knowing endangerment" and "knowing violation of penal law," do not exclude coverage for the injuries that resulted when the insureds' teenage son, while intentionally firing a BB gun at passing cars, struck a driver, blinding her in one eye, since the circumstances did not support a presumption that he harbored a subjective intent to injure anyone.
May 30, 2005 at 12:00 AM
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