Issue: In March 1978, Mark Brandum was a 22-year-old college student residing with his parents in Indianapolis. He was driving a Buick owned by his father and covered by an auto liability policy which also protected Mark. Would that policy cover an accident which resulted after Mark had deliberately rammed the back of another car and then sideswiped it, causing the driver to lose control and leave the road?

On March 23, 1978, Mark drove to his fiancée's place of employment and waited for her to emerge. She did not. He drove to her apartment and then to her parents' home without finding her. He returned to her apartment and drove around in that vicinity for awhile. Brandum saw a car driven by Steve Jamison go into the apartment complex and then drive away from her apartment. He followed the car, and saw his fiancée sit up in the front seat and kiss Jamison.

He stated that he then lost his temper and rammed the back of the Jamison car. Jamison fled and Brandum followed at a high rate of speed, again ramming the rear of Jamison's car. Jamison again drove away. Brandum followed.

This time he drove alongside and turned into the car, and then he slowed and pulled in behind it. Jamison's car began to spin to the right. Brandum hit the left rear end, then drove on. The last time he saw Jamison's car, it had made a 180 degree turn and was traveling backwards down the highway. He saw a bright flash of light in his rearview mirror and realized there had been an accident. He then drove to the police station and made a statement.

Witnesses testified that Jamison's car left the road and struck a utility pole, which landed on another car. Both cars burned, and Jamison and the fiancee were killed. The utility pole landed on a car owned by Anna Peoni. Nancy Peoni and David Allen were injured.

Judgment: Mr. Brandum's insurance carrier then filed an action for declaratory judgment to determine its liability, if any, to Peoni, Allen and the Indianapolis Power and Light Company. The auto liability policy issued to Mr. Brandum excluded "bodily injury or property damage caused intentionally by or at the direction of the insured." (The trial court ruled against the insurer.)

The court, on appeal, stated that not only must an insured's acts have been intentional to preclude recovery, but the insured must also have intended to injury the party actually injured. In the case before the court, Brandum's actions were directed at Jamison and his fiancee.

While he should have been cognizant of danger to third parties, it was clear from Brandum's acts that he intended no harm to Peoni and Allen. The judgment against the insurance company was affirmed.

Indiana Lumbermens Mutual Insurance Company v. Brandum et. al-No. 1-780A193-Court of Appeals of Indiana, First District, April 21, 1981-419 North Eastern Reporter (2d) 246. (Rough Notes Magazine, March, 1982)