Vermont Mutual Insurance Co. v. Ben-AmiAnnotate this Case
At issue was the availability of homeowner’s liability insurance coverage for damages resulting from injuries Jonathan Ben-Ami received after Joshua Francoeur, a fellow high-school student, punched Ben-Ami a number of times in the face.
Francoeur was the son of the named insured under a policy issued by Vermont Mutual Insurance Company. The superior court entered a declaratory judgment determining that Francoeur’s tortious conduct did not fall within a policy exclusion from coverage for bodily injury that is “expected or intended,” and therefore, that Ben-Ami was entitled to indemnification under the policy. The Supreme Judicial Court vacated the judgment and remanded for entry of judgment for Vermont Mutual, holding that Francoeur’s specific conduct established that the damages he inflicted on Ben-Ami were “expected” and therefore excluded from coverage by the Vermont Mutual policy.