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[Download] "Public Employees Mutual Insurance Co. V. Fitzgerald" by Division Two Court of Appeals of Washington # eBook PDF Kindle ePub Free

Public Employees Mutual Insurance Co. V. Fitzgerald

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eBook details

  • Title: Public Employees Mutual Insurance Co. V. Fitzgerald
  • Author : Division Two Court of Appeals of Washington
  • Release Date : January 22, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

Public Employees Mutual Insurance Company (PEMCO) appeals from a declaratory judgment finding it liable for bodily injury coverage under a homeowner's policy. PEMCO contends that the insured mother's acquittal by reason of insanity for the death of her child does not preclude a finding that the child's death was "intended and expected" and, therefore, excluded under the insurance policy. We are satisfied that an acquittal in a criminal proceeding by reason of insanity does not preclude an insurer from proving that its insured's conduct falls within an "intentional and expected" exclusion of coverage; that whether an insured was incapable of forming an intent because of mental illness or defect is a factual determination; that the trial court did not err in granting summary judgment because PEMCO failed to raise a material issue of


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