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September 22, 2004



This opinion jives with a case I'm handing right now, where the insured under a homeowners' policy exited his vehicle in a parking lot after a small fender bender, and allegedly assaulted the plaintiff. The insurer reserved rights on both intentional act and use-of-auto exclusions, but would likely prevail only on the former and not the latter. (The insurer will probably settle without reaching the coverage issue, however, because it's not worth defending.)

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