The insured, after a heated exchange with a group of people, fired 18 shots from a rifle into the group. The group was not armed nor was there any apparent threat of physical harm made by the group towards the insured. The rifle was single-fire. Three persons in the group were injured.

The insured was criminally charged and, later, civil action was begun. The insured made claim against his homeowners policy for defense and liability coverage. Coverage was denied on the basis of the intentional act exclusion.

The insured began an action against the insurer claiming the injury was unintentional and accidental as the only intent was to frighten the group of people and not to cause harm. The NY Supreme Court ruled in favor of the insured agreeing with the insured's contention that the injury was accidental.

The insurer appealed. Upon appeal, the decision of the Supreme Court was overturned and ruling was made in favor of the insurer.

State Farm Fire and Casualty Company, Plaintiff-Appellant v. Torio Et al., Defendants-Respondents. NYAppCt. No. 97-07311. Filed May 26, 1998. CCH 1998 Fire and Casualty Cases, Paragraph 6583.