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SHELTER MUT. INS. v. WILLIAMS

No. 62879.

804 P.2d 1374 (1991)

SHELTER MUTUAL INSURANCE COMPANY, Plaintiff/Appellee, v. Daniel B. WILLIAMS, By and Through his father and next friend, Robert R. WILLIAMS, et al., Defendants, and James Alan Kearbey, Defendant/Appellant.

Supreme Court of Kansas.

January 18, 1991.

Attorney(s) appearing for the Case

Elizabeth Lea Henry, of Fletcher & Mathewson, P.A., Wichita, argued the cause, and Andrew B. Fletcher, of the same firm, guardian ad litem, was with her on the briefs, for defendant/appellant James Alan Kearbey.

Reid Stacey, of Kansas Dept. of Social and Rehabilitation Services, Wichita, argued the cause and was on the briefs, for defendant/appellant SRS.

Stephen M. Kerwick, of Foulston & Siefkin, Wichita, argued the cause, and Nicholas S. Daily, of the same firm, was with him on the brief for plaintiff/appellee.

ALLEGRUCCI, Justice:

This is a declaratory judgment action brought by Shelter Mutual Insurance Company (Shelter) to determine coverage under a homeowners insurance policy containing an exclusion for "bodily injury or property damage expected or intended by an insured."

The facts are not in dispute. On January 21, 1985, James Alan Kearbey entered Goddard Junior High School armed with an M-1A rifle and a .357 magnum...

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