Articles Posted in Insurance Carriers

Homeowners insurance, depending upon the exact language, normally excludes intentional acts by insured that cause injury. A policy that excludes coverage for “damage which is either expected or intended from the standpoint of the insured,” has been interpreted as excluding coverage for results that were subjectively intended by insured’s act. Allstate Ins. Co. v. Sparks, 63 Md. App. 738, 742 (1985). Moreover, the court has interpreted “intent” within the insurance policy as, “…desires to cause consequences…or believes that such consequences are substantially certain to result from his conduct.” Id. at 744 (emphasis added). However, the court has distinguished “intentional” from “wanton,” in noting that “wanton” conduct is described as consequences probably certain to result. Id. (emphasis added). Under such analysis, homeowners insurance would cover for an insured’s wanton conduct causing injury to a trespasser.

Occasionally in Maryland personal injury claims, a situation arises when one or more insurance companies agree to pay their entire policy to the claimant(s), but are unable to do so without exposing itself to potential liability. This situation often occurs when two or more persons are are injured and are competing for a limited amount of insurance. Rather than cut a deal with one of the victims, the insurance company will file an interpleader action.

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