The insured, a police officer, attempted to "tickle" his fellow officer with the antenna from his hand-held radio unit. The action startled the fellow officer, who reacted by turning his head abruptly. The action caused the antenna to pierce the second officer's eardrum causing serious injury.

The second officer filed civil suit against the insured, who made claim against his homeowners policy. The insurer denied coverage and defense based upon the intentional act exclusion. The insured filed suit against the insurer.

The trial court ruled in favor of the insurer citing that while the injury was not intentional or expected, the insured committed an intentional act.

The decision was appealed and, during appeal, reversed in favor of the insured. It was determined that the insured had no intention of harming the fellow officer and that the act was one of reckless disregard.

Castro et al., Appellants v. Allstate Insurance Company et al., Appellees. FlaDistCtApp. No. 98-78. Filed November 25, 1998. CCH 1998 Fire and Casualty Cases, Paragraph 6584.