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Unigard Mutual Insurance Company v. Argonaut Insurance Company

Court of Appeals of Washington

579 P.2d 1015 (1978)

Relevant factsFree

Eleven-year-old Winkler intentionally set a trash-can fire at a school that spread and caused damage, and his parents the Hensleys, insured under a Unigard (plaintiff) policy excluding coverage for non-accidental occurrences, were sued by the school district (represented by defendant insurers) for negligently failing to supervise Winkler despite knowing his history of fire-setting; the trial court found the fire was not an accidental occurrence and denied coverage to both Winkler and the Hensleys.

IssueFree

Whether, under an insurance policy explicitly excluding coverage for intentional acts, the intentional acts of one insured party are imputed to a second insured party under the same policy who did not also commit an intentional act.

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