Hartford Fire Ins. Co. v. Blakeney

• Court: Alabama Supreme Court
• Writing for the Court: EMBRY; BLOODWORTH, JONES and ALMON, JJ., and SIMMONS
• Citation: Hartford Fire Ins. Co. v. Blakeney, 340 So.2d 754 (Ala. 1976)
• Decision Date: 10 December 1976
• Parties: HARTFORD FIRE INSURANCE COMPANY, a corporation v. Billy BLAKENEY and Linda W. Combs, as Guardian of Ellis Glenn Combs, a non compos mentis. SC 1673.

Page 754

340 So.2d 754

HARTFORD FIRE INSURANCE COMPANY, a corporation v. Billy BLAKENEY and Linda W. Combs, as Guardian of Ellis Glenn Combs, a non compos mentis.

SC 1673.

Supreme Court of Alabama.

Dec. 10, 1976.

Dan M. Gibson of Roberts & Davidson, Tuscaloosa, for appellant.

H. Vann Waldrop of Hubbard, Waldrop & Jenkins, Tuscaloosa, for appellee Linda W. Combs, guardian.

E. D. McDuffie of McDuffie & Holcombe, Tuscaloosa, for appellee.

EMBRY, Justice.

The trial court submitted to the jury the question of whether an injury was accidental and therefore covered by a liability insurance policy, or was the result of an intentional act and within the terms of a specific exclusion in that same policy. We hold that determination was properly left to the jury.

This action arose on account of an injury suffered by Glen Combs at the home of Billy Blakeney. Combs and his wife attended a party at Blakeney's home one evening. Combs drank to excess, became drunk, disorderly and offensive to other quests; attempted to pick fights with them and acted in a generally offensive and obnoxious manner. Two altercations took place between Blakeney and Combs; the first was occasioned by an obscene remark made by Combs to another guest; Blakeney then poured the contents of a can of beer on Combs' head; Combs allegedly lunged at Blackeney; Blakeney hit Combs several times in the face with his fists. The blows were hard enough to cause Combs to fall over some furniture. Blakeney was restrained by a guest and he, Blakeney, left the room and stood outside for a few minutes. Still another guest helped Combs to a side door of the house and was attempting to persuade Combs to leave when Blakeney reentered the house, allegedly proceeded toward Combs, reached around or over one Kilgore, and with his hands, pushed Combs out the doorway. Combs fell backwards down several steps and struck the back of his head on a concrete patio. He suffered serious brain damage and today remains a permanent and total invalid.

Hartford Fire Insurance Company affords Blakeney personal liability insurance under a homeowner's policy. The policy contains language excluding coverage for certain injuries:

'Coverage E--Personal Liability

'This Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage, to which this insurance applies, Caused by an occurrence.' (emphasis added)

'Additional Definitions

'5. 'Occurrence' means an accident, including injurious exposure to conditions, which results, during the policy term, in bodily injury or property damage.' (emphasis added)

'Exclusions

'1. Under Coverage E--Personal Liability * * *

'f. to bodily injury or property damage which is either expected or intended from the standpoint of the insured.'

Blakeney brought this action for declaratory judgment against Hartford; at the close of the evidence Hartford moved for a directed verdict which was denied, a verdict in favor of Blakeney returned, and judgment entered compelling Hartford to provide coverage, furnish counsel and to pay any judgment or costs rendered against Blakeney in the suit filed in behalf of Combs. Hartford's motion for new trial, or, in the alternative, for judgment n.o.v. was denied. Denial of the motion is urged as reversible error on the basis there was no accidental injury within the terms of the policy. Hartford contends the injury was caused by a voluntary intentional act and coverage is not afforded because of the exclusionary clause of the policy....