Under What Circumstances May a Trial Court Infer That Policyholder Acted With 'Intent to Cause Injury?'

Allstate Insurance Company et al. v. Dailyn Campbell et al., Case no. 2009-2358

10th District Court of Appeals (Franklin County)

ISSUE: When an insurance company seeks a declaratory judgment that it owes no coverage to a policyholder based on a policy exclusion for "intentional acts," under what circumstances may a trial court grant summary judgment in favor of the insurer based on a finding of "implied intent," i.e. a finding that the policyholder's conduct was so inherently certain to cause injury that there is no need for a trial to evaluate factual evidence about the defendant's intent?