AMERICAN FAMILY MUT. INS. v. PETERSON

No. C8-85-1187.

405 N.W.2d 418 (1987)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant, v. Stephen O'Dean PETERSON, Petitioner, Respondent, Lana L. Kelsey, Respondent.

Supreme Court of Minnesota.

May 8, 1987.


Attorney(s) appearing for the Case

Jeffrey Hanson and Laurie J. Miller, Rochester, for Stephen O'Dean Peterson.

Steven S. Fuller, Rochester, for Lana L. Kelsey.

Frederic N. Brown, Thomas P. Kelly, Daniel F. Ruffalo, Rochester, for American Family Mut. Ins. Co.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

This appeal involves the intentional act exclusion of a homeowner's liability policy, and whether an insured may use his voluntary intoxication to establish he lacked the capacity, during an assault, to form an intent to injure the person he assaulted. We construe the policy language not to allow voluntary intoxication to be so used, and we reverse the judgment finding insurance coverage for the insured's assault.

On August 28, 1981, Stephen...

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