AMCO INS. CO. v. HAHT

No. 91-973.

490 N.W.2d 843 (1992)

AMCO INSURANCE COMPANY, Appellant, v. Christopher J. HAHT, Henry Haht, Kathryn Haht, Gary L. Lottman, and Linda K. Lottman, Appellees.

Supreme Court of Iowa.

Rehearing Denied November 25, 1992.


Attorney(s) appearing for the Case

Marsha K. Ternus and Barbara A. Hering of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant.

Ronald J. Shea of Smith, Grigg, Shea & Klinker, P.C., Primghar, for appellees Christopher J. Haht, Henry Haht, and Kathryn Haht.

Daryl L. Hecht and Dennis R. Ringgenberg of Crary, Huff, Raby, Inkster, Hecht & Sheehan, P.C., Sioux City, for appellees Gary L. Lottman and Linda K. Lottman.

Considered en banc.


HARRIS, Justice.

An insurer brought this declaratory judgment action to test its contention that there is no coverage for liability in a wrongful death claim. The insured, an eleven-year-old child, deliberately struck another child with a thrown baseball after becoming irritated in a neighborhood game. According to the trial court's findings the insured intended to hurt the second child, but not to cause him bodily injury. The question concerns an exclusion for liability...

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