Court: Montco “Ball Tap” Incident Not Covered by Insurance
Apparently, homeowner’s insurance doesn’t cover you rupturing your friend’s testicles.
A three-judge panel made that ruling this week, affirming a Montgomery County case that stemmed from a 2006 incident during a game of “Dance Dance Revolution”: Brandon Hearn had asked that his family’s insurance company handle the costs of the injury suffered by Clayton Russell; the insurance policy excluded coverage of “expected or intended acts.”
Judge Kate Ford Elliott said the striking, which Hearn had described in court as a “ball tap” done only to inflict temporary pain on his friend Clayton Russell, was clearly intentional.
“Hearn’s act of hitting Clayton in the groin was clearly intentional. Hearn snuck up behind Clayton while his back was turned and hit him in the groin area with his forearm,” Ford Elliott wrote. “Hearn testified that he only meant to cause Clayton momentary discomfort; however, the policy excludes coverage of bodily injuries resulting from intentional acts ‘even if the actual injury or damage is different than expected or intended.’”
Russell contends tests show he may be be infertile for life. The ruling means Hearn may have to pay for the damages out of his own pocket. The story does not say how old the two men were at the time of the incident. (Legal Intelligencer)