dissenting. Because I disagree with the majority’s application of the exclusion for injuries “expected or intended” to the facts of this case, I would affirm the trial court’s grant of summary judgment to State Farm.
Although the inquiries into an insured’s intentions and expectations under the terms of the policy before us are both subjective, they are not identical. If they were, the use of the word “expected” would be mere surplusage, which is a result to be avoided in interpretation. State v. Kreth, 150 Vt. 406, 409, 553 A.2d 554, 556 (1988); see, e.g., Indiana Farmers Mut. Ins. Co. v. Graham, 537 N.E.2d 510, 512 (Ind. Ct. App. 1989) (if expected and intended “were to be synonymous, what purpose is served by including both within the exclusionary clause”); Farm Bureau Town & Country Ins. Co. v. Turnbo, 740 S.W.2d *262232, 236 (Mo. Ct. App. 1987) (same). An insured intends an injury if he or she subjectively desires it, and an insured expects an injury if he or she is subjectively aware that injury is substantially certain to result. State v. Glens Falls Ins. Co., 137 Vt. 313, 317, 404 A.2d 101, 104 (1979) (interpreting similar provision to exclude coverage for “highly probable or intentionally caused damage”); accord Alabama Farm Bureau Mut. Casualty Ins. Co. v. Dyer, 454 So. 2d 921, 925 (Ala. 1984); Bolin v. State Farm Fire & Casualty Co., 557 N.E.2d 1084, 1086 (Ind. Ct. App. 1990); Quincy Mut. Fire Ins. Co. v. Abernathy, 393 Mass. 81, 86, 469 N.E.2d 797, 800 (1984).
The majority holds that summary judgment is inappropriate because the insured disavowed an intent to injure plaintiff. The insured stated in his deposition that his intention was to frighten plaintiff: “I was acting with the concept in mind that the big bang would straighten this flaky bastard out.” He stated that he did not mean to aim at plaintiff, but rather “inches or feet” above his ear. For the majority, these ex post statements render defendant’s actions equivocal. Although I would agree that these statements create a genuine issue of material fact as to the insured’s intentions, I disagree that they create a genuine issue of material fact as to his expectations.
The insured’s own account of the shooting is as follows. After a period of time during which plaintiff “appeared to be quite out of control,” the insured perceived plaintiff lunging toward a letter opener lying on the kitchen table separating them. The insured was in fear of plaintiff, and felt that plaintiff was going to attack him. The insured reached for his .22 calibre revolver, which was on top of the refrigerator behind him, and in one continuous motion discarded the holster with a flick of his right hand while cocking the gun with his left, fully extended his arms, and squeezed the trigger. At that point plaintiff was eight to ten feet away from insured and moving towards him. The bullet struck plaintiff near the tear duct of his right eye. The insured admitted that he intended to cock the gun, extend his arms, point the gun in the direction of plaintiff, pull the trigger, and fire a bullet. He maintained that he was a good marksman, and that the gun was accurately sighted.
On these facts, I would grant summary judgment on the ground that no reasonable finder of fact could conclude other *263than that the insured must have expected injury to result from his actions. The insured did not point the gun away from plaintiff. He did not point it straight up or straight down. Rather, he pointed it at the plaintiff’s head and pulled the trigger. Despite his contention that he intended to aim “inches or feet” above plaintiff’s ear, the insured certainly cannot contest that the gun was actually pointed at the center of plaintiff’s head from a distance of eight to ten feet, as this is where the bullet lodged. As the majority concedes, these actions are more unequivocal than those in Otterman v. Union Mutual Fire Ins. Co., 130 Vt. 636, 642, 298 A.2d 547, 551 (1972) (affirming trial court’s finding that injury was neither “expected or intended” where insured fired a shot into a dark room which passed through a wall and hit the victim). Whatever the insured’s intentions in this case, he must have been aware that injury was substantially certain to result from his actions.
I find ample support for this view in cases from other jurisdictions. In State Farm Fire & Casualty Co. v. Victor, 232 Neb. 942, 442 N.W.2d 880 (1989), the court affirmed a grant of sum-' mary judgment to the insurer where the insured fired a .357 magnum at the doorway in which the victim was standing. The insured’s subjective intent was not resolved. The court held that from the insured’s actions, “it can only be concluded that as a matter of law [insured] expected or intended to injure [decedent].” Id. at 946, 442 N.W.2d at 883. In Woida v. North Star Mutual Insurance Co., 306 N.W.2d 570 (Minn. 1981) (en banc), the court upheld summary judgment for insurer despite plaintiff’s arguments that a specific intent to injure had not been shown. In Woida, the insured and several friends drove to a construction site to harass the guards. Where high-powered rifles with armor-piercing bullets were fired “through the windshield of the [guards’] vehicle knowing that someone could be seriously injured,” the court found an intent to injure as a matter of law. Id. at 573-74; cf. Travelers Ins. Co. v. Cole, 631 S.W.2d 661, 664 (Mo. Ct. App. 1982) (affirming trial court’s finding that injury was “intended or expected” where “insured’s actions in discharging a gun at [victim] in the insured’s residence was a dangerous act from which harm was almost certain to result”).
*264I find a statement in Tobin v. Williams, 396 So. 2d 562 (La. Ct. App. 1981), particularly apt. The court quoted the trial judge:
“[Insured] drew a loaded .357 magnum pistol, and thrust it in the direction of the plaintiff, causing it to discharge. Given this conduct, any reasonable person would have to conclude that injuries were almost certain to result from such a dangerous course of action. A person who points a loaded pistol at someone and pulls the trigger should not be absolved from liability simply by claiming: T only meant to scare him.’”
Id. at 564; cf. Draffen v. Allstate Ins. Co., 407 So. 2d 1063, 1065 (Fla. Dist. Ct. App. 1981) (insured, after committing robbery, fired six shots in direction of pursuers whom he could not see, hitting with four of the shots; holding injury “expected or intended,” court noted that “[i]f appellant had intended merely to frighten his pursuers, he could have fired at the ground or into the air. He did neither. Instead he fired in the direction of his pursuers with what in different circumstances might be termed commendable accuracy.”).
Actions can speak louder than words. See Allstate Ins. Co. v. Freeman, 432 Mich. 656, 679, 443 N.W.2d 734, 745 (1989) (Riley, C.J., concurring in part and dissenting in part). I would hold that the insured’s actions were such that he must have been aware that injury was substantially certain to result, despite his later self-serving statements that he meant only to frighten plaintiff. Because injury was substantially certain to result from the insured’s pulling the trigger of the gun while it was aimed at another from close range, the injury was expected. Accordingly, summary judgment in favor of State Farm was appropriate, and I would affirm the order of the trial court.