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Martinez v. Employers Insurance of Wausau10/8/1999
fact as to whether a corporation intended the harm to areas surrounding its wood preserving plants due to discharges from the plants; thus, summary judgment on that issue was prohibited. Id. at 278. That ruling, however, does not preclude summary judgment on the issue of intent in this case. The circuit court adequately addressed that issue and in light of compelling evidence that LCC had engaged in overburial of graves for over three-quarters of a century, there is no genuine issue of material fact to preclude summary judgment. See Hanover Insurance Co. v. American Engineering Co., 33 F.3d 727 (6th Cir. 1994) (citing Perry's Adm'x v. Inter-Southern Life Ins. Co., 254 Ky. 196, 71 S.W.2d 431, 433 (1934)). Indeed, in the circumstances shown in this case, the circuit court properly determined that LCC intentionally acted in a manner that would result in the injuries claimed by Appellants. Brown, 814 S.W.2d at 277.
That portion of the summary judgment relating to the multi-peril policies is affirmed. The balance of the judgment is reversed and this case is remanded to Jefferson Circuit Court for further proceedings consistent with this opinion.
ALL CONCUR.
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