NATIONAL AMERICAN INS. v. Ins. Co. of N. America

—National American Insurance Company (hereafter National) and Guy Kevin Peny commenced an action for declaratory relief against Insurance Company of North America (hereafter INA) and others, in which action several other insurance companies were later joined. INA has appealed from the judgment which was thereinafter entered. We have concluded that the appeal is without merit. Our several reasons follow.

The facts of the case are without controversy. Four teenage boys, Perry, Bacharach, Seymour and Stalun, decided to enter upon “an ‘egging expedition,’ i.e., throwing eggs at residences” and other targets that presented themselves. To accomplish their purpose they bought some eggs and occupied an automobile permissibly driven by Bacharach. They “egged” various homes and vehicles and persons, from vantage points within and without the automobile. In the course of the escapade and from the vehicle, Perry “flipped” an egg at a pedestrian, one Nelson. The car, and thus the egg, were traveling at a speed of about 40 miles per hour at the time. Nelson was struck in an eye causing loss of sight of that organ. He thereafter commenced an action for damages against the four…