- Associated Press - Thursday, March 3, 2016

DAYTON, Ohio (AP) - An appeals court says a judge must decide whether a drunken driver intended to hurt people when he drove his car into a bar in southwestern Ohio.

The insurance company representing Marvin Schalk argued it doesn’t owe anything to two customers injured in the 2012 accident in Englewood because Schalk intended to cause harm, thereby voiding the coverage.

A judge previously sided with State Farm Insurance Co. in ruling that Schalk’s intentions were clear.

The 2nd Ohio District Court of Appeals in Dayton rejected that approach in a 2-1 decision last month.

Among facts the court considered was testimony that Schalk was trying to miss occupied parts of the building.

Documents say Schalk was drinking heavily and upset about his estranged marriage.

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