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eBook details

• Title: State Farm Fire and Casualty v. Barker
• Author : Ohio Court of Appeals
• Release Date : January 18, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

OPINION Rendered on the 18th day of May , 2001. Defendants-appellants Nicholas, Gayle and Merrill VanZant appeal from a summary judgment rendered in the trial court that plaintiff-appellee State Farm Fire and Casualty Company is not liable for injuries sustained by Nicholas VanZant as a result of a rock thrown by defendant-appellee Jeffrey Barker at the car in which the VanZants were occupants. The VanZants contend that the trial court erroneously concluded that Barker's act of throwing the rock at the car with the purpose of damaging it was within State Farm's insurance policy's exclusion for willful and malicious acts, or, if the act of throwing the rock was within the exclusion, that the exclusion is contrary to public policy. We conclude that the act resulting in injury to the VanZants was a willful and malicious act, within the terms of the exclusion in the insurance policy. We further conclude that the policy's exclusion of coverage for injuries resulting from willful and malicious acts does not offend public policy. Accordingly, the judgment of the trial court is Affirmed.

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