Donegal Mutual Insurance v. Ferrara

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the complaint established that the conduct was excluded from policy coverage and the insured’s answer claiming self-defense was not considered in determining whether there is a duty to defend
• stating that court must look to the complaint filed against the insured in deciding whether an insurance company has a duty to indemnify and defend
• denying coverage where insured kicked the plaintiff in the groin and caused severe injuries
• finding no duty to defend in an action where the underlying complaint alleged intentional conduct but the insured argued that a jury could find her conduct to be only negligent
• injuries expected or intended by insured were excluded under policy; there was no coverage where defendant-insured allegedly “willfully and maliciously” kicked plaintiff in groin area causing severe injuries
• where insured intentionally kicked victim in the groin, the act was not covered because insured “acted knowing the consequences of her act would be damage to [the victim’s] genitalia”

Source: CourtListener parenthetical corpus (CC0).