STATE FARM FIRE & CAS. CO. v. VICTOR

No. 87-1117.

442 N.W.2d 880 (1989)

232 Neb. 942

STATE FARM FIRE & CASUALTY COMPANY, a Corporation, Appellee, v. Gregory E. VICTOR, Appellee, Ray E. Smith, Personal Representative of the Estate of Darryl Smith, Deceased, Appellant.

Supreme Court of Nebraska.

July 21, 1989.


Attorney(s) appearing for the Case

Debra R. Nickels and E. Terry Sibbernsen, of Welsh & Sibbernsen, Omaha, for appellant.

James L. Quinlan, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee State Farm.

BOSLAUGH, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.


FAHRNBRUCH, Justice.

This appeal challenges a summary judgment ruling that a homeowner's policy issued by State Farm Fire & Casualty Company (State Farm) excludes payment of damages arising from the shooting death of Darryl Smith by the policy's insured.

Smith was shot in the head with a .357 Magnum pistol fired by State Farm's insured, Gregory E. Victor. At the time he was shot, Smith was standing in the doorway of his father's home.

We affirm...

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