BABER v. FORTNER BY POE

No. 20138.

412 S.E.2d 814 (1991)

Phyllis BABER, Administratrix of the Estate of Richard Marshall Walker, and Raymond Walker, Plaintiffs Below, Appellees, v. Nicholas FORTNER, by Thomas POE, Guardian ad Litem, Defendant Below, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.


Attorney(s) appearing for the Case

G. David Brumfield, Welch, for appellant.

James R. Watson, Steptoe & Johnson, Charleston, for appellee.


BROTHERTON, Justice:

In this case, we are asked to determine whether the appellant's voluntary manslaughter conviction established the element of intent for purposes of determining coverage under an intentional injury exclusion clause in a liability insurance policy, and thus precluded the appellant's relitigation of the issue in subsequent civil proceedings which were instituted against him.

The appellant, Nicholas Fortner, and his wife, Diane, separated...

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