PEMCO v. FITZGERALD

No. 13997-9-II.

65 Wn. App. 307 (1992)

828 P.2d 63

PUBLIC EMPLOYEES MUTUAL INSURANCE COMPANY, Appellant, v. JAMES F. FITZGERALD, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

April 22, 1992.


Attorney(s) appearing for the Case

Sidney R. Snyder, Jr., and Merrick, Hofstedt & Lindsey, for appellant.

James F. Imperiale and Griffin, Imperiale, Bobman & Verhey, P.S., for respondents.

D. Michael Shipley and Schweinler, Lowenberg & Lopez, for guardian ad litem.


PETRICH, C.J.

Public Employees Mutual Insurance Company (PEMCO) appeals from a declaratory judgment finding it liable for bodily injury coverage under a homeowner's policy. PEMCO contends that the insured mother's acquittal by reason of insanity for the death of her child does not preclude a finding that the child's death was "intended and expected" and, therefore, excluded under the insurance policy. We are satisfied that an acquittal in a criminal proceeding by...

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