Overview

Procedural-Posture

HOLDINGS: [1]-An insurer had no duty to defend a lawsuit brought against its insured by her neighbor arising from damage she caused to the neighbor’s property when she erected an encroaching fence and pruned trees on his property because the neighbor’s claims against the insured arose from nonaccidental conduct, outside the terms of the parties’ homeowners insurance policy; [2]-It was completely irrelevant that the insured did not intend to damage the trees, because she intended for them to be pruned; [3]-No facts existed to support the insured’s theory that her negligent supervision of the contractor who pruned the trees brought the complaint within the terms of the policy.

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Outcome

Judgment affirmed.