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