Insurance Company of the West v. High Performance Alloys, Inc.

Plaintiff sought declaratory relief stating that it did not have a duty to defend an underlying wrongful death claim brought against the defendant insured. The district court granted plaintiff’s request by finding that the claim fell within the policy’s intentional acts exclusion and that it was brought under state worker’s compensation laws and that worker’s compensation claims were excluded by the language of the policy. The Seventh Circuit agreed and affirmed. (KIRSCH and PRYOR, concurring)