STATE FARM MUT. AUTO. INS. CO. v. WERTZ

No. 18729.

540 N.W.2d 636 (1995)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant, v. Randall P. WERTZ, Kathy Wertz, Travis P. Wertz, Dale Anderson, and Dawnelle Martin, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned July 7, 1995.

Decided November 21, 1995.


Attorney(s) appearing for the Case

Roy A. Wise of Richardson, Groseclose, Kornmann and Wyly, Aberdeen, for plaintiff and appellant.

Thomas P. Tonner of Tonner, Tobin and King, Aberdeen, for defendants and appellees Wertz.

Marilyn Marshall Maloney of Maloney and Maloney, Aberdeen, for defendants and appellees Anderson and Martin.


MILLER, Chief Justice (on reassignment).

State Farm Mutual Automobile Insurance Company (State Farm) appeals the trial court's declaratory judgment requiring coverage for intentionally inflicted injuries. We reverse and remand.

FACTS

State Farm issued an automobile insurance policy to Randall and Kathy Wertz, covering a 1986 Oldsmobile Calais automobile. According to the policy, State Farm agreed to "pay damages which an insured becomes legally liable...

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