Farmers Auto Insurance Association v. Danner

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2012 IL App (4th) 110461
Decision Date: 
Thursday, February 23, 2012
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Reversed and remanded with directions.
Justice: 
TURNER
Court found that homeowners' insurer had duty to defendant insureds in underlying lawsuit alleging insureds committed battery against Plaintiff after Plaintiff entered insured's property to retrieve baseball accidentally hit onto insured's property by Plaintiff's son. Even though conduct is described as "negligence" in complaint, conduct was intentional, when considering complaint as a whole. Insurer does not have duty to defendant other insured, as her alleged conduct was intentional, and policy does not contain self-defense exception for intentional acts. (KNECHT, concurring; POPE, concurring in part and dissenting in part.)