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ALLSTATE INS. CO. v. FREEMAN

Docket Nos. 81239, 81433, (Calendar Nos. 4-5).

432 Mich. 656 (1989)

443 N.W.2d 734

ALLSTATE INSURANCE COMPANY v. FREEMAN METROPOLITAN PROPERTY & LIABILITY INSURANCE COMPANY v. DiCICCO

Supreme Court of Michigan.

Decided July 18, 1989.

Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Rosalind Rochkind, James L. Borin, and James C. Rabaut), for the plaintiff in Freeman.

Nelson & Kreuger, P.C. (by Steven L. Kreuger), for the plaintiff in DiCicco.

Joseph DeVal Welton and Craig Daly for the defendants in Freeman.

Sinas, Dramis, Brake, Boughton, McIntyre & Reisig, P.C. (by David R. Brake), for defendant James Gravenmier in DiCicco.

RILEY, C.J.

In these cases, consolidated for purposes of appeal, we are asked to decide the meaning of a coverage provision and two exclusionary clauses within a homeowner's liability insurance policy.

In Allstate Ins Co v Freeman, we hold that the exclusionary clause requires application of a two-part objective test. An insurer may relieve itself of its duty to defend and indemnify if (1) the insured acted either intentionally or criminally...

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