Krewina v. United Specialty Ins. Co.

Citations

• 2021 Ohio 4425

Syllabus

CONTRACT — INSURANCE — POLICY EXCLUSION — ASSAULT — BATTERY — POLICY ENDORSEMENT — PHYSICAL ABUSE: The trial court erred when it declared that an insurance policy assault or battery exclusion applied to claims stemming from the acts of a person incapable of governing his conduct in accordance with reason. [See CONCURRENCE: The Supreme Court of Ohio should revisit its holding in Nationwide Ins. Co. v. Estate of Kolstedt, 71 Ohio St.3d 624, 646 N.E.2d 816 (1995), that an exclusion for intentional injuries in an insurance policy did not apply where the insured was mentally incapable of committing an intentional act.]