Jeffrey Stalder owned and operated BJ's Drive-Thru. He was working there at the time of an altercation in March 1995. Douglas Valenti and Pamela Shellabarger had gone to the drive-in to pick up Pamela's last paycheck from Stalder. It was undisputed that the men exchanged punches, although each presented different versions of the incident. A beverage rack holding glass bottles was knocked over at some point, causing the bottles to break and causing a cut on Valenti's hand.

Valenti and Shellabarger filed suit for damages--he for personal injuries and she for loss of consortium--and the action was referred to Erie Insurance Company which had issued a commercial general liability policy protecting BJ's. Erie filed this action for declaratory judgment that its policy did not cover and it had no duty to defend and indemnify BJ's and Stalder. The trial court granted Erie's motion for summary judgment, and the insured and Valenti and Shellabarger appealed.

The policy excluded "injury or damage expected or intended from the standpoint of anyone we protect. This does not apply to personal injury or property damage resulting from your protecting persons or property."

On appeal, the court said it was clear that Stalder hit Valenti in an effort to protect himself from Valenti's assault. As a result of his actions in self-defense, Valenti fell onto the beverage rack and cut his hand on the broken glass. However, the facts demonstrated that Stalder's action in striking Valenti was not an "accident" since he clearly stated in his deposition that he intended to hit Valenti in the face with his fist "hard enough to stop him." Stalder's actions relieved Erie from any duty to indemnify him.

The judgment entered in the lower court in favor of Erie was affirmed.

Erie Insurance Company v. Stalder et al., Appellants--No. 1-96-15--Court of Appeals of Ohio, Third District, Allen County--September 13, 1996--682 North Eastern Reporter 2d 712.