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St. Sec. Ins. v. Globe Auto Recycling Corp.

OPINION FILED FEBRUARY 13, 1986.

STATE SECURITY INSURANCE COMPANY, PLAINTIFF-APPELLANT,

v.

GLOBE AUTO RECYCLING CORPORATION ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. James C. Murray, Judge, presiding.

JUSTICE WHITE DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 21, 1986.

This appeal involves the construction of an insurance policy. State Security Insurance Company filed a complaint for declaratory judgment asking the court to declare that the policy it issued to Globe Auto Recycling Corporation did not provide coverage to Globe for the incident which was the basis of a personal injury suit brought against Globe by Ashok Thadani, individually, and as father and next friend of Jason Thadani, a minor. The trial court denied State Security's motion for summary judgment and granted Thadani's motion to dismiss. From these orders State Security appeals.

The policy of insurance provides in part as follows:

"The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of

A. bodily injury or

B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage * * *." (Emphasis in original.)

In its definitions, the policy provides:

"`occurrence' means an accident * * * which results * * * in bodily injury or property damage neither expected nor intended from the standpoint of the insured." (Emphasis in original.)

State Security contends that this policy precludes any duty on its part to defend the underlying personal injury action or to provide coverage to Globe.

In the personal injury suit, Thadani initially alleged that he was the victim of the intentional torts of assault, battery, false imprisonment and the intentional infliction of emotional distress committed by Globe's agents. Only after this declaratory judgment action was filed did he amend his complaint to allege additionally that Globe had engaged in negligent screening and hiring practices as a result of which certain employees of Globe committed assault and battery against him, causing personal injury.

• 1 We first address the question of whether the policy provided coverage for the intentional torts alleged in the personal injury suit. In Aetna Casualty & Surety Co. v. Freyer (1980), 89 Ill. App.3d 617, 411 N.E.2d 1157, the policy of insurance had a clause that excluded bodily injury or property damage, "`which is either expected or intended from the standpoint of the insured.'" (89 Ill. App.3d 617, 620, 411 N.E.2d 1157.) The policy involved in the instant case similarly limits coverage to "bodily injury or property damage neither expected nor intended from the standpoint of the insured." The court in Aetna held that the injuries alleged by the tort-plaintiff arising out of the intentional torts of assault and battery could not be considered either unintended or unexpected and denied coverage to the insured. We similarly hold that Globe's policy did not cover the intentional torts alleged by Thadani.

We next consider the amendment to the complaint which alleged Globe's negligence:

"That as a direct and proximate result of the defendant[']s negligent hiring practice, certain of its employees who defendant knew to be volient [sic] without cause or provocation * * * threatened Ashok Thadani with physical harm and further engaged in conduct consisting of physical * * * contact with the person of ...


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