Supreme Court of Minnesota

American Family Insurance Company, Respondent v. Andy Walser, Respondent, Matthew Jewison, a Minor by and Through…

July 5, 20012001 Minn. LEXIS 411

Summary

The court held that an insured's intentional conduct may nevertheless constitute an accident under a policy's occurrence provision when the insured did not specifically intend the resulting injury. It further held that the intentional-injury exclusion did not apply because the circumstances did not support inferring intent to injure as a matter of law, so the insurer had duties to defend and indemnify. Justice Stringer, dissenting, would have found no coverage because the injury resulted from deliberate conduct and was a foreseeable consequence of the boys' actions.