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Gray v. Zurich Insurance Company

Supreme Court of California

419 P.2d 168 (1966)

Relevant factsFree

Gray (plaintiff) held a personal liability policy from Zurich (defendant) excluding coverage for intentionally caused injuries; when Jones sued Gray alleging Gray "wilfully, maliciously, brutally and intentionally" assaulted him, Gray claimed self-defense and notified Zurich, which refused to defend based on the complaint's intentional-tort allegations. Jones won actual (but not punitive) damages at trial, and Gray then sued Zurich for breaching its duty to defend; the trial court ruled for Zurich.

IssueFree

Whether an insurance policy excluding coverage for intentional torts relieves the insurer of its duty to defend an action alleging the insured caused an injury intentionally.

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