Appellate Division, Third Department Interprets Intentional Act Exclusion in New Coverage Decision

This is an excellent case to demonstrate the application of an insurance policy’s intentional act exclusion.  The plaintiff’s insured in Progressive N. Ins. Co. v. Rafferty pinned a person between his automobile and a garage door during an altercation.  The plaintiff’s insured claimed that he only wanted to scare the person and did not intend to actually hit the person with his automobile.

The Appellate Division, Third Department interpreted the "intentional act exclusion" of the insurance policy (see Slayko v. Security Mut. Ins. Co.), rejecting the insured’s claim that the act was unintentional and denying that the No-Fault law applied to the injured person because the occurrence was not an "accident." 

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