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MUNICIPAL MUT. INS. CO. v. MANGUS

No. 21763.

443 S.E.2d 455 (1994)

191 W.Va. 113

MUNICIPAL MUTUAL INSURANCE COMPANY OF WEST VIRGINIA, Plaintiff-Appellee v. Denver L. MANGUS and Lucille Mangus, Defendants-Appellants and Rickey Lee Fields, Sr., Intervenor-Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1994.

Dissenting Opinion of Justice Miller April 20, 1994.

Attorney(s) appearing for the Case

Johnnie E. Brown and Molly Underwood-Korwan, MacQueen & Brown, L.C., Charleston, for plaintiff-appellee.

E. Dandridge McDonald, McDonald & Rodecker, and James M. Cagle, Charleston, for intervenor-appellant.

R. Edison Hill, Hill, Peterson, Carper, Bee & Deitzler, Charleston, for defendants-appellants.

NEELY, Justice:

This appeal, arising out of a 1987 shooting in Kanawha County, raises a question of first impression in this jurisdiction: whether the intentional acts exclusion clause of an insured's homeowners' policy, which excludes coverage for acts "expected or intended by the insured," defeats coverage when the insured is mentally ill at the time he injures another.

For many years, a fence divided the properties of Rickey Lee Fields, Sr. and Denver Mangus...

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