BURNS v. MIDDLESEX INS. CO.


558 A.2d 701 (1989)

Phyllis BURNS v. MIDDLESEX INSURANCE COMPANY.

Supreme Judicial Court of Maine.

Decided May 25, 1989.


Attorney(s) appearing for the Case

Paul F. Macri, Jeffrey Rosenblatt (orally), Berman, Simmons & Goldberg, Lewiston, for plaintiff.

Martica S. Douglas, Sheila McLaughlin (orally), Hewes, Douglas, Whiting & Quinn, Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


HORNBY, Justice.

Does an insurance carrier have an obligation to defend under a homeowner's insurance policy when the insured is sued for bodily injury resulting from slander, invasion of privacy and intentional infliction of emotional distress? The policy excludes from coverage "bodily injury ... which is expected or intended by the insured." Since under the complaint in the underlying action the injured party could recover amounts that would not be excluded by this...

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