FARMERS AND MECHANICS MUTUAL INSURANCE COMPANY OF WEST VIRGINIA, Plaintiff below, Appellee, v. GERALD COOK and BRENDA COOK, Defendants below, Appellees, LEAH D. BUCKLER, ADMINISTRATOR OF THE ESTATE OF HOMER G. BUCKLER, DECEASED, Defendant below, Appellant. and FARMERS AND MECHANICS MUTUAL INSURANCE COMPANY OF WEST VIRGINIA, Plaintiff below, Appellee, v. GERALD COOK and BRENDA COOK, Defendants below, Appellants, LEAH D. BUCKLER, ADMINISTRATOR OF THE ESTATE OF HOMER G. BUCKLER, DECEASED, Defendant below, Appellee., 210 W. Va. 394

Summary

Appellant administrator of her husband's estate and insureds challenged judgment against them, contending that the insured wife defended her husband from decedent, thus coverage did not fall under the intentional acts exclusion. The appeals court agreed. A loss which resulted from an act committed by a policyholder in self-defense or in defense of another was not, as a matter of law, expected or intended. Where a policyholder established self-defense or in defense of another, the insurance company could not rely upon an intentional acts exclusion to deny coverage. The wife's actions had to be viewed in light of her subjective intent. The facts were reasonably susceptible of an interpretation that the claim was not precluded by the intentional acts exclusion and would be covered by the terms of the insurance policy. This thus triggered the insurance company's duty to provide a defense. Whether the insurance company would be required to indemnify the insureds for any liability they could...