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BROHAWN v. TRANSAMERICA INS. CO.

[No. 1, September Term, 1975.]

276 Md. 396 (1975)

347 A.2d 842

BROHAWN v. TRANSAMERICA INSURANCE COMPANY

Court of Appeals of Maryland.

Motion for reconsideration filed December 19, 1975.

Denied December 19, 1975.

Attorney(s) appearing for the Case

Francis J. Meagher, with whom were Goodman, Meagher & Enoch on the brief, for appellant.

Edward C. Mackie, with whom were Rollins, Smalkin, Weston & Andrew and Robert W. Fox on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

This case presents the question of whether an insurer is entitled to a declaratory judgment that it has no obligation to either defend or indemnify its insured in actions brought by injured third parties based on alternative allegations of negligence and assault. The policy specifically excludes from coverage any act committed by the insured with the intent to injure, and the...

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