State Bancorp, Inc. v. United States Fid. & Guar. Ins Co
In State Bancorp, Inc. v. United States Fid. & Guar. Ins Co., 199 W.Va. 99, 105, 483 S.E.2d 228, 234 (1997), the Court held that there was no covered occurrence or accident when, in an underlying lawsuit, the insured was alleged to have intended the alleged injury to the plaintiffs.
In stating its reasoning and its conclusion, the State Bancorp opinion stated:
"The definition of an 'occurrence' does not include actions which are intended by the insured.... ; the facts alleged in the complaint ... are intentional acts of the insured.... ; the ... allegation is of ... intentional scheming by the insured appellees . . . ." (199 W.Va. at 106-107, 483 S.E.2d at 235-236.)