The appellant insured was sued for defamation after posting messages on an internet message board.
He sought a declaration that his homeowner's liability insurer had a duty to defend him in the action.
The insurer denied coverage based on an exclusion for bodily injury or property damage caused by an intentional act.
The application judge dismissed the application, finding the exclusion applied.
The Court of Appeal dismissed the appeal, holding that the pleadings in the defamation action, which alleged intentional and malicious conduct, fell squarely within the intentional act exclusion, as the insured's intent to publish the statements necessarily involved an intent to injure the plaintiffs' reputation.
