The issue in Mass. Homeland Ins. Co. v. Walsh, 2011 WL 1344554 (unpublished) was whether an auto insurer must indemnify its insured against liability for injuries sustained by a claimant as a result of an intentional vehicular assault by the insured.
The court noted that the primary purpose of compulsory insurance is protection of travelers on the highway. It held that coverage is required whether the conduct of the insured is intentional or merely negligent.
The court implied that PIP coverage is also available for injuries arising out of the intentional act of the insured.
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Another factor in exlaining why rates are climbing/ Try explaining to a client that even though policy language excludes coverage...the company ends up paying a settlement.
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