Cited by

Opinions in Louisiana that cite Breland v. Schilling, 550 So. 2d 609.

136 citing documents.

Jones v. Estate of Santiago 870 So. 2d 1002 La. 2004
this court stated: The purpose of the intentional injury exclusion is to restrict liability insurance coverage by denying coverage to an insured in circumstances where the insured acts deliberately and intends or expects bodily injury to another.
Justin Douglas Henderson v. Brian Sellers La. Ct. App. 3d Cir. 2003
[b]odily injury or property damage expected or intended by an insured.” The Allstate policy issued to Yvonne contains a similar clause: “We do not cover any bodily injury or property damage which may reasonably be expected to result from the intentional or criminal acts of an insured person or which is in fact intended by an insured person.” the supreme court considered a similar exclusion in the context of a similar situation, a punch to the jaw that caused significant damage.
Henderson v. Sellers 861 So. 2d 923 La. Ct. App. 3d Cir. 2003
the supreme court considered a similar exclusion in the context of a similar situation, a punch to the jaw that caused significant damage.
Wallace v. First Assur. Life of America 862 So. 2d 374 La. Ct. App. 2d Cir. 2003
Inzinna v. Walcott 868 So. 2d 721 La. Ct. App. 1st Cir. 2003
Williams v. City of Baton Rouge , 98-2024 at p. 19, 731 So.2d at 253 , -11 (La.1989).
Calvin v. Janbar Enterprises, Inc. 856 So. 2d 88 La. Ct. App. 4th Cir. 2003
Pender v. Elmore 855 So. 2d 930 La. Ct. App. 2d Cir. 2003
Breland [v. Schilling, (La.
WEST EX REL. WEST v. Watson 843 So. 2d 565 La. Ct. App. 2d Cir. 2003
the supreme court interpreted an intentional injury exclusion almost identical to the exclusion in this case.
Young v. Brown 846 So. 2d 88 La. Ct. App. 2d Cir. 2003
West ex rel. West v. Watson 843 So. 2d 565 La. Ct. App. 2d Cir. 2003
the supreme court interpreted an intentional injury exclusion almost identical to the exclusion in this case.
Politz v. Randy Key Construction, Inc. 836 So. 2d 168 La. Ct. App. 1st Cir. 2002
Therefore, which provides, that “when minor injury is intended, and a substantially greater or more severe injury results, whether by chance, coincidence, accident, or whatever, coverage for the more severe injury is not barred.” Whether the resulting damage was intended by the insured is a question of fact.
King v. Galloway 828 So. 2d 49 La. Ct. App. 4th Cir. 2002
The appellants reference two cases, rehearing denied (Nov.
Littleton v. Colonial Pacific Leasing Corp. 818 So. 2d 283 La. Ct. App. 2d Cir. 2002
Smith v. Reliance Ins. Co. of Illinois 807 So. 2d 1010 La. Ct. App. 5th Cir. 2002
Bd., Sherwood v. Stein, 261 La.
Ott v. LPK Systems, Inc. 812 So. 2d 38 La. Ct. App. 1st Cir. 2001
West Ex Rel. West v. Watson 799 So. 2d 1189 La. Ct. App. 2d Cir. 2001
Fournette v. Tran 792 So. 2d 870 La. Ct. App. 4th Cir. 2001
Norwood v. Van Veckhoven 792 So. 2d 836 La. Ct. App. 2d Cir. 2001
the court rejected the reasoning that "intentional" as used in an insurance policy has the same meaning as "intentional" in tort law, workers' compensation or criminal law.
LeBlanc v. Babin 786 So. 2d 850 La. Ct. App. 5th Cir. 2001
Art.2047; Capital Bank & Trust Co. v. Equitable Life Assur.
Fleniken v. Entergy Corp. 790 So. 2d 64 La. Ct. App. 1st Cir. 2001
Fleming Novelty, Inc. v. Alexander 775 So. 2d 643 La. Ct. App. 2d Cir. 2000
Id.; John Bailey Contractor
Doerr v. Mobil Oil Corp. 774 So. 2d 119 La. 2000
Bd., Sherwood v. Stein, 261 La.
Sperli v. Guiterrez 772 So. 2d 805 La. Ct. App. 5th Cir. 2000
4 Cir.), writ denied, ().
Classert v. Butler 746 So. 2d 787 La. Ct. App. 1st Cir. 1999
quoting Transamerica Ins.
Kemper v. Don Coleman, Jr., Builder, Inc. 746 So. 2d 11 La. Ct. App. 2d Cir. 1999
the Builder and the plaintiffs argue that the damages from flooding were neither expected nor intended.
Newby v. Jefferson Parish School Bd. 738 So. 2d 93 La. Ct. App. 5th Cir. 1999
the court, applied two basic principles of policy interpretation in construing the intentional injury exclusion in the policy: (1) policies should be construed to effect, not deny, coverage; and (2) an exclusion from coverage should be narrowly construed.
Holt v. Phipps 733 So. 2d 693 La. Ct. App. 3d Cir. 1999
the Supreme Court held: ...
Williams v. City of Baton Rouge 731 So. 2d 240 La. 1999
Steed v. ST. PAUL'S UNITED METH. CHURCH 728 So. 2d 931 La. Ct. App. 2d Cir. 1999
Billiot v. Terrebonne Sheriff's Office 735 So. 2d 17 La. Ct. App. 1st Cir. 1999
Carbon v. Allstate Ins. Co. 719 So. 2d 437 La. 1998
Adams v. Falcon Equipment Corp. 717 So. 2d 282 La. Ct. App. 2d Cir. 1998
Louisiana Insurance Guaranty Association v. Interstate Fire & Casualty Company, supra ; John Bailey Contractor
Bowens v. Patterson 716 So. 2d 69 La. Ct. App. 3d Cir. 1998
L.M. v. J.P.M. 714 So. 2d 809 La. Ct. App. 1st Cir. 1998
Lm v. Jpm 714 So. 2d 809 La. Ct. App. 5th Cir. 1998
Williams v. City of Baton Rouge 715 So. 2d 15 La. Ct. App. 1st Cir. 1998
is the seminal case dealing with the issue of whether a personal injury was expected or intended from the standpoint of the insured.
Floyd v. Allstate Insurance Co. 710 So. 2d 1120 La. Ct. App. 5th Cir. 1998
Bilbo for Basnaw v. Shelter Ins. Co. 698 So. 2d 691 La. Ct. App. 1st Cir. 1997
Hawthorn v. City of Bossier City 697 So. 2d 680 La. Ct. App. 2d Cir. 1997
the defendant, a player in a baseball game, punched another participant once in the jaw resulting in unusually severe fractures.
Maldonado v. Porter 694 So. 2d 1001 La. Ct. App. 5th Cir. 1997
Casso v. United Cabs, Inc. 688 So. 2d 180 La. Ct. App. 4th Cir. 1997
Not only do we have difficulty identifying an "accident" in this case, is easily distinguished.
Domingue v. Rodrigue 686 So. 2d 132 La. Ct. App. 1st Cir. 1996
Jackson v. Frisard 685 So. 2d 622 La. Ct. App. 1st Cir. 1996
The trial court found "there was no evidence that Frisard subjectively intended Jackson to suffer injury as a result of the `horseplay'"
Coco v. Southern United Fire Ins. Co. 682 So. 2d 1014 La. Ct. App. 3d Cir. 1996
Colver v. Travelers Ins. Companies 685 So. 2d 179 La. Ct. App. 1st Cir. 1996
Sanders v. Ashland Oil, Inc., 656 So.2d at 647 .
Collinsworth v. Foster 680 So. 2d 1275 La. Ct. App. 2d Cir. 1996
Bernard Parish School Bd.
Michelet v. Scheuring SEC. Services Inc. 680 So. 2d 140 La. Ct. App. 4th Cir. 1996
Pradillo v. Allstate Ins. Co. 677 So. 2d 1124 La. Ct. App. 4th Cir. 1996
Mobley v. State Farm Mut. Auto. Ins. Co. 674 So. 2d 1117 La. Ct. App. 2d Cir. 1996
Art. 2047; (FN7) Capital Bank & Trust Co. v. Equitable Life Assur.
Valentine v. Bonneville Ins. Co. 672 So. 2d 461 La. Ct. App. 2d Cir. 1996