During a public forum on Police Department conduct, Tracy Andrus allegedly accused an officer (Anders) of being arrested for criminal neglect of family. He also accused another officer (Boney) of threatening to kill him after he (Andrus) had been arrested. Both officers claimed they were defamed by Andrus’ false charges and they filed suit. Andrus filed a claim with his homeowner insurer, Odyssey Reinsurance Company. The insurer believed that no coverage was owed for the claim because, supported by Andrus’ recorded statement (deposition), the insured deliberately made the false public statements. In the insurer’s opinion, the policy excluded the loss since the statements were intentional.

After Odyssey declined to defend against or cover the suit against Andrus, the company filed for a summary judgment. The trial court granted Odyssey’s request. Anders and Boney joined together to appeal the decision. The appellate court reviewed the facts of the case. It also considered other relevant cases that were decided by the Louisiana Supreme Court. In the appellate court’s opinion, Andrus’ statements demonstrated his knowledge that his claims were false. In light of this, the lower court’s decision in favor of Odyssey was affirmed.

Donald W. Anders Jr. et. Al., Plaintiffs-Appellants v. Tracey Andrus et. Al., Defendants-Appellees. LaCtApp. Nos. 00-00552 and 00-00553. Filed December 6, 2000. Affirmed. CCH Fire and Casualty Cases Paragraph 6757.