State Farm Fire and Casualty Company v. Young

Insurer filed declaratory judgment action as to defense of civil suit against insured for assault and battery and negligence. Suit alleged that insured, age 21, provided heroin to young woman, then beat her after she became ill from overdose, and failed to seek medical attention; she died from injuries and overdose. Court properly found that no material question of fact existed, under facts alleged in complaint, that insured intentionally caused injuries, and thus insurer owed no duty to defend. Only intentional conduct by Defendant was alleged; even though allegations as to failure to call 911 was labeled "negligence", it was free from doubt that his failure to act was intentional and result from failure to act was expected, and Defendant's omissions were subject to policy exclusion provisions for intentional conduct. (LAMPKIN and PALMER, concurring.)