Two young men who were high school students engaged in a fistfight, presumably over attentions to a young female classmate. One suffered severe eye injuries, for which a lawsuit was initiated in his behalf against the other boy. The homeowners insurer of the latter's family brought a declaratory judgment action to determine whether the boy was entitled to defense and insurance coverage under personal liability provisions of the policy.

The case was referred to a special referee for a decision based on testimony, medical records and the provisions of the insurance policy. The insurer appealed the referee's finding that coverage was applicable and his order that the insurer was required to defend and pay money damages adjudged in favor of the claimants.

The South Carolina Supreme Court noted that the special referee reached his decision on the basis of a precedent set earlier by it in Miller v. Fidelity Phoenix Insurance Company, 268 S.C. 72, 231 S.E.2d 701 (1977). Therein the court held that a "two-prong analysis" was required to test the validity of an intentional act exclusion in a homeowners policy.

The pertinent exclusion provides that coverage does not apply to bodily injury "....which is expected or intended by the insured." The analysis requirement established by the court requires determination of whether the act causing loss was intentional and whether the insured intended the results of the act.

On the first count, the court found that the act of hitting was intentional, even if it was done in self defense. On the second, the court found that it could be concluded from the evidence that the defendant boy "did not intend a specific result." It appeared that he was reacting to the other boy, who may have been provoking him, in self defense and was only trying to protect himself, not cause a severe injury.

The decision of the special referee was affirmed in favor of the insureds and against the insurer. The insurance company had a coverage obligation.

(VERMONT MUTUAL INSURANCE COMPANY , Appellant v. SINGLETON ET AL ., Respondents. South Carolina Supreme Court. No. 24,105. June 20, 1994. CCH 1994 Fire and Casualty Cases, Paragraph 4949.)