Republic Ins. Co. v. Feidler
In Republic Ins. Co. v. Feidler, 178 Ariz. 528, 533, 875 P.2d 187, 192 (App. 1993), the defendant pled no contest to aggravated assault, but Feidler contended in the civil case that the intentional acts exclusion did not preclude insurance coverage because the defendant was too intoxicated to form an intent. 178 Ariz. at 530, 875 P.2d at 189.
The Court held:
" 13-807 does not prevent Feidler from arguing that Davis was too intoxicated to form an intent to injure. Section 13-807 does not collaterally estop Feidler because the mental state required for aggravated assault is not the same as that required by the intentional acts exclusion." Id. at 532-33, 875 P.2d at 191-92.