COUNTRY MUT. INS. CO. v. DUNCAN

No. 85-2572.

794 F.2d 1211 (1986)

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Alvina J. DUNCAN, Special Administrator for Charles Hartzell, Deceased, and Clarence Lindhorst, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1986.


Attorney(s) appearing for the Case

Cornelius Thomas Ducey, Jr., Ducey, Feder & Ducey, Ltd., Belleville, Ill., for plaintiff-appellant.

Mark R. Osland, Crowder & Scoggins, Ltd., Columbia, Ill., for defendants-appellees.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


FLAUM, Circuit Judge.

Country Mutual Insurance comes before this court following an unsuccessful attempt to rid itself of its alleged contractual obligation to defend Clarence Lindhorst from a wrongful death action brought by the estate of a man Lindhorst was convicted of murdering. Country Mutual disputes whether as a matter of law, or under the particular facts of this case, a person who pleads guilty to voluntary manslaughter can be found to have acted "unintentionally...

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