Be careful with that thing. It could put someone’s eye out.
That’s the upshot from a Sussex County, Delaware, judge’s ruling that State Farm doesn’t have to indemnify a policyholder in a paintball injury lawsuit.
The June 7 ruling involves an incident in which a boy fired a paintball gun at a group of kids, hitting one of them in the eye and causing a severe injury.
The victim’s family sued the shooter’s family, which sought coverage under their homeowner’s policy.
The judge agreed with State Farm that it is not liable because the policy includes a provision excluding coverage for bodily injury or property damage that is either expected or intended by the insured. He said the shooter intentionally fired the paintball at the other kids knowing that someone could get hurt.
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