Posts tagged "1103417"

Liberty Mutual Fire Insurance Company v. Casey, et al. (Lawyers Weekly No. 11-034-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   16-P-32                                         Appeals Court   LIBERTY MUTUAL FIRE INSURANCE COMPANY  vs.  RYAN CASEY & another.[1]     No. 16-P-32.   Essex.     November 7, 2016. – March 29, 2017.   Present:  Cypher, Massing, & Sacks, JJ.     Insurance, Homeowner’s insurance, Insurer’s obligation to defend.  Intentional Conduct.       Civil action commenced in the Superior Court Department on May 22, 2014.   The case was heard by Robert A. Cornetta, J., on motions for summary judgment.     Richard J. Fallon for Ryan Casey. Joseph M. Orlando, Jr., for Evan Williams. John P. Graceffa for the plaintiff.     SACKS, J.  Twice on the same evening, after consuming alcohol and marijuana, Ryan Casey attacked Evan Williams without warning, punching and kicking him in the face and causing him serious bodily injury.  Casey later admitted that he “intend[ed] to touch” Williams, and that he understood, at least at the time of his deposition, that “[w]hen you hit somebody with a fist . . . you know you’re going to do some level of injury.”  Williams subsequently made a claim under the homeowners insurance policy on Casey’s familial home.  The insurer, Liberty Mutual Fire Insurance Company (Liberty Mutual), responded by commencing this action seeking a declaration that it had no duty to defend or to indemnify Casey, or to pay medical expenses for Williams, due to an exclusion in the policy for bodily injury “[w]hich is expected or intended by the insured.”  On cross motions for summary judgment, a Superior Court judge ruled in favor of Liberty Mutual, concluding as a matter of law that Casey expected or intended to cause Williams bodily injury.  Williams and Casey appeal, arguing that there is a genuine issue of material fact regarding Casey’s intent to injure.[2]  We affirm. Background.  We recount certain undisputed material facts from the summary judgment record, reserving for later discussion the facts concerning Casey’s intent.  On the evening of June 26, 2013, Casey, then seventeen years old, attended the St. Peter’s fiesta celebration (fiesta) in Gloucester with two friends, Dylan Chaney and Forrest Turner.  Prior to arriving, Casey had consumed alcohol and smoked marijuana.[3]  At some point while at the fiesta, Casey encountered Williams, also seventeen years old, and the two left on foot in the company of Chaney and Turner, allegedly to go smoke marijuana.[4]  After the group arrived at a remote location nearby, Casey […]

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Posted by Massachusetts Legal Resources - March 29, 2017 at 10:02 pm

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