Altieri

—During an altercation, Fire Insurance Exchange’s insured, Michael Joseph Altieri, a minor, struck another minor, Greg Story, in the face. Story sued Altieri for damages for assault and battery and sued Altieri’s parents for negligent supervision. Pursuant to a stipulated judgment, Altieri and his parents were required to pay Story $310,000 for his injuries if their homeowner’s insurance provided coverage or $5,000 if it did not. Fire Insurance Exchange sought a declaration of its rights and obligations under the policy. After a court trial, the court ruled that Fire Insurance Exchange was required to indemnify Altieri for Story’s damages. Relying on Clemmer v. Hartford Insurance Co. (1978) 22 Cal.3d 865 [ 151 Cal.Rptr. 285 , 587 P.2d 1098 ] (Clemmer) for the proposition that coverage is mandated unless the insurer can prove its insured acted with a “ ‘preconceived design to inflict injury,’ ” (id. at p. 887) the court noted, “I think obviously the evidence is clear that the minor intentionally hit the other minor [but] I couldn’t find any evidence that he intended to commit the injury that occurred. ... I look at it a little bit, as I mentioned, analogous to, in a…