Employers’ Fire Insurance Co. v. Beals
Rhode Island Supreme Court
240 A.2d 397 (1968)
- Written by Noah Lewis, JD
Facts
John Marzocchi (defendant) was a third grader who poked classmate Chester Beals (defendant) in the eye with a pencil, permanently blinding Beals in his right eye. Marzocchi’s parents had a homeowner’s policy with Employers’ Fire Insurance Company (Employers’) (plaintiff) that covered Marzocchi and included a duty to defend covered claims. The policy covered damages due to bodily injury but excluded intentionally caused injuries. Employers’ filed suit against Marzocchi, Beals, and Beals’s parents (defendants) seeking a declaratory judgment stating that because the action was intentional, it was not required to defend or indemnify Marzocchi. Marzocchi’s guardian ad litem denied that Marzocchi intentionally injured Beals. Two and a half months later, Beals and his parents filed a tort action against Marzocchi, his parents, the school, and the teacher. The complaint alleged Marzocchi negligently and carelessly, or willfully or maliciously, struck Beals with the pencil. The trial court dismissed Employers’ case, stating that Beals could not be compelled to litigate issues in the declaratory-judgment action that would otherwise be litigated in the tort action. Employers’ appealed.
Rule of Law
Issue
Holding and Reasoning (Kelleher, J.)
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