Gray v. Zurich Insurance Co.

419 P.2d 168 (1966)

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Nature of the Case

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Facts

Gray (P) was insured by D to pay damages of bodily injury or property damage that P should become legally liable for and to defend any suit against P alleging such injury or property damage even if the allegations are false and fraudulent or groundless. The policy contained an endorsement that the coverage did not apply if the bodily injury or property damage was incurred intentionally by P. Jones filed a complaint against P that P willfully, maliciously, brutally, and intentionally assaulted him. P notified D of the suit and D refused to defend as the suit alleged an intentional tort. P represented himself and was found liable for $6,000 in damages. P then sued D for a breach of the duty to defend. D denied that obligation. The court rendered judgment in favor of D and P appealed.