Does Insured Person's Illegal Discharge of Fireworks Support Finding of 'Inferred Intent' to Cause Injury?

Where Policy Excludes Coverage for Harm Caused by 'Criminal Acts'

Nationwide Mutual Insurance Company v. Cory M. Briggs, Case no. 2010-0114

5th District Court of Appeals (Stark County)

ISSUE: When a liability insurance policy excludes coverage for property damage caused by an insured person's act or omission that is "criminal in nature," is the insurance company entitled to summary judgment denying coverage for damages caused by a policyholder's illegal discharge of fireworks based on a finding that intent to cause harm can be inferred because the insured's conduct was "substantially certain" to cause personal injury or property damage?

For more information about this case, follow this link: http://www.supremecourt.ohio.gov/PIO/oralArguments/11/0302/0302.asp