METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. MORRISON.

SJC-10858.

460 Mass. 352 (2011)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. ROBERT MORRISON, JR., & others.

Supreme Judicial Court of Massachusetts, Middlesex.

August 11, 2011.


Attorney(s) appearing for the Case

John J. McMaster for the defendants.

John P. Graceffa ( Richard W. Jensen with him) for the plaintiff.

Myles W. McDonough & Christopher M. Reilly , for Massachusetts Insurance Federation, Inc., amicus curiae, submitted a brief.

Kimberly E. Winter & J. Michael Conley , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.


GANTS, J.

To decide this case, we must answer three questions: First, does an exclusion in a liability policy for "intentional and criminal acts" apply where the insured intended to commit the conduct that caused injury and where the conduct was criminal, or does it apply only where the insured intended the harm resulting from the intentional and criminal acts? We conclude that the exclusion applies where the insured intended to commit the conduct that caused injury...

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