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STATE OF MINNESOTA IN COURT OF APPEALS A08-0864 RAM Mutual Insurance Company, Appellant, vs. Daniel Meyer and Linda Meyer, individually and as parents of Shawn Meyer, a minor, Respondents, Judith Nietfeld and Brian Nietfeld, individually and as parents of Curtis Nietfeld, a minor, Respondents, Paynesville Independent School District No. 741, Respondent. Filed July 21, 2009 Affirmed Minge, Judge Stearns County District Court File No. 73-C5-06-002333 William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., 150 South Fifth Street, Suite 1700, Minneapolis, MN 55402 (for appellant) John T. Lund, Lund Kain & Scott, P.A., 13 South Seventh Avenue, St. Cloud, MN 56301 (for respondents Meyers) John E. Mack, Mack & Daby, P.A., P.O. Box 302, New London, MN 56273 (for respondents Nietfelds) Kenneth H. Bayliss, Laura A. Moehrle, Quinlivan & Hughes, P.A., 400 South First Street, P.O. Box 1008, St. Cloud, MN 56303-1008 (for respondent school district) Charles A. Bird, Bird, Jacobsen & Stevens, P.C., 305 Ironwood Square, 300 Third Avenue Southeast, Rochester, MN 55904 (for Amicus Curiae Minn. Assoc. for Justice)

Considered and decided by Minge, Presiding Judge; Toussaint, Chief Judge; and Collins, Judge.* SYLLABUS An intentional-act exclusion in a liability-insurance policy only excludes coverage for those occurrences in which the act is so willful and egregious or the anticipated injury is so obvious that the injury is not accidental. OPINION MINGE, Judge Appellant insurer challenges the district courts determination that its policy provides coverage for the serious injuries caused by an insured, arguing that (1) the policy does not cover the claim because the event that caused the injury was not an "occurrence"; (2) the policy contains an intentional-act exclusion that bars coverage for the claim; and (3) the district court erred in the wording of a special-verdict question that asked whether the insured knew or had reason to know that a "significant harm" would result from his actions. We affirm. FACTS In May 2005, Shawn Meyer and Curtis Nietfeld were students in a high school shop class. Meyer pulled a shop stool out from under Nietfeld as a practical joke, causing Nietfeld to fall to the floor. When Nietfeld got up, he grabbed the stool and held it up or shook it at Meyer, apparently in a joking manner. Meyer then briefly chased Nietfeld and

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Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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