GAKK, Inc. et al v. Acceptance Casualty Insurance Company

Justia Dockets & Filings Ninth Circuit Oregon District Court GAKK, Inc. et al v. Acceptance Casualty Insurance Company

GAKK, Inc. et al v. Acceptance Casualty Insurance Company

Case Number:	3:2009cv06282
Filed:	October 14, 2009
Court:	US District Court for the District of Oregon
Office:	Insurance Office
Presiding Judge:	Michael W. Mosman
Nature of Suit:	None
Cause of Action:	Diversity
Jury Demanded By:	28:2201 Declaratory Judgment

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Date Filed	Document Text
August 16, 2010	Filing 22 OPINION AND ORDER: This is, of course, a ruling only lawyers could love. It takes a form of willful blindness, mandated by the legal principles described above, to assert that when Mr. Thornton stabbed Mr. Zeppa in the face with a knife, he mi ght not have intended any harmful or offensive contact. We can all suspect the day may come when the facts show the required intent for the exclusion to apply. But at this stage, when only the complaint and the policy are in play, I am obligated to find a duty to defend. For the foregoing reasons, the Millers' Motion for Summary Judgment 11 is GRANTED, and Acceptance's Cross-Motion for Summary Judgment 14 is DENIED. Signed on 8/16/2010 by Judge Michael W. Mosman. (dls)

Date Filed

Document Text

August 16, 2010

Filing 22 OPINION AND ORDER: This is, of course, a ruling only lawyers could love. It takes a form of willful blindness, mandated by the legal principles described above, to assert that when Mr. Thornton stabbed Mr. Zeppa in the face with a knife, he mi ght not have intended any harmful or offensive contact. We can all suspect the day may come when the facts show the required intent for the exclusion to apply. But at this stage, when only the complaint and the policy are in play, I am obligated to find a duty to defend. For the foregoing reasons, the Millers' Motion for Summary Judgment 11 is GRANTED, and Acceptance's Cross-Motion for Summary Judgment 14 is DENIED. Signed on 8/16/2010 by Judge Michael W. Mosman. (dls)

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