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GEARING v. NATIONWIDE INS. CO.

No. 94-2732.

76 Ohio St.3d 34 (1996)

GEARING ET AL., APPELLANTS, v. NATIONWIDE INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Michael F. Farrell, for appellant Henry A. Gearing.

Donald E. Caravona & Associates, Michael W. Czack and Kevin J. Lenhard, for appellants Peter J. Ozog et al.

Gravens & Franey Co., L.P.A., and Terrance P. Gravens, for appellee.

Manley, Burke, Fischer, Lipton & Cook and Andrew S. Lipton, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

MOYER, C.J.

In Physicians Ins. Co. v. Swanson (1991), 58 Ohio St.3d 189, 569 N.E.2d 906, we held, as syllabus law, that "[i]n order to avoid coverage on the basis of an exclusion for expected or intentional injuries, the insurer must demonstrate that the injury itself was expected or intended." (Emphasis added.) In that case, Bill Swanson fired a BB gun in the direction of a group of teenagers sitting at a...

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