West American. Ins. Co. v. Merritt

In West American. Ins. Co. v. Merritt 216 Ga. App. 822 (456 SE2d 225) (1995), the insured's teenage son, who injured another boy by shooting him with a BB, testified that they were playing and that he had not intended to cause injury. Id. at 823-824. The insured testified that "his intent was for the BB to hit the plaintiff and for the plaintiff to experience the same stinging the insured had felt in his buttocks when he was struck by the BB fired by the plaintiff" and that "he, the plaintiff and others had engaged in 'BB war' in the past and that the players were often hit with BB's but no physical injury had ever resulted." Id. at 824. Under those facts, the Court concluded that the insurer was not entitled to summary judgment because a genuine issue of material fact remained as to whether injury was actually intended. Id.