Anthony Ruvolo, a Mental Incompetent, Who Sues by Rose Ruvolo, His Guardian, Plaintiff-Respondent v. American…

Summary

The Supreme Court of New Jersey reversed the trial court's summary judgment granting coverage under the liability policy and remanded for trial. The Court held that an insured who lacks the mental capacity to form intent due to insanity is not committing an "intentional" act within the policy's exclusion, and that genuine factual disputes about the insured's mental state preclude summary judgment.