STATE FARM FIRE & CAS. CO. v. WICKA

No. C4-90-312.

474 N.W.2d 324 (1991)

STATE FARM FIRE & CASUALTY CO., Petitioner/Appellant, v. James C. WICKA, Special Administrator for the Estate of Stephen Bradley Kintop, Defendant, and Paul R. Peterson, Respondent.

Supreme Court of Minnesota.

August 30, 1991.


Attorney(s) appearing for the Case

William M. Hart, Kenneth W. Dodge, Meagher & Geer, Minneapolis, for petitioner/appellant.

W. Scott Herzog, Peter A. Koller, Moss & Barnett, Minneapolis, for respondent.

Considered and decided by the court en banc.


OPINION

GARDEBRING, Justice.

This case raises two issues, the first legal and the second evidentiary, involving whether an intentional act exclusion of a homeowner's liability policy applies to the conduct of an insured who, because of mental illness, may lack the capacity to form the intent to injure. In light of public policy favoring coverage where the injury threatens the general public, we construe the policy language as providing coverage where, because...

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