A male driver was driving through a 25 mile-per-hour zone at a speed of 60 miles per hour in the City of Jefferson, Wisconsin when he was spotted by police. In an attempt to flee the police, the driver sped up to 90 miles per hour. Eventually the driver hit an oncoming car containing a couple who sued the man for causing them injuries. American Family Insurance Company (“American Family”), the insurer for the driver, denied coverage for the couple’s claim, stating that their claim was barred by the “intentional injury exclusion” in the driver’s policy. The trial court agreed with American Family.
The Court of Appeals of Wisconsin reversed the trial court decision, holding that the American Family insurance policy did provide coverage for the couple’s claim. According to the court of appeals, the “intentional injury exclusion” only applies if the insured intended to cause injury. Because the driver did not intend to cause injury to the couple when he was driving recklessly, the court of appeals held that American Family must provide liability coverage for the couple’s claim.
The Wisconsin personal injury attorneys of Samster, Konkel & Safran, S.C. have extensive experience helping people obtain liability insurance coverage for their injuries and damages. If you or someone you know has been injured due to someone else’s negligence, contact us for a free online case evaluation.