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AMERICAN FAMILY MUT. INS. v. De GROOT

No. 94-1433.

543 N.W.2d 870 (1996)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee, v. Paula De GROOT, Rodney De Groot, Sandra De Groot, Estate of Megan Joy Kleyer, Mark Kleyer, and Carol Kleyer, Individually and as Administrators of the Estate of Megan Joy Kleyer, Appellants.

Supreme Court of Iowa.

February 14, 1996.

Attorney(s) appearing for the Case

Charles T. Patterson and John C. Gray of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, for appellants Mark Kleyer and Carol Kleyer, individually and as administrators of the Estate of Megan Joy Kleyer.

Michael R. Hellige of Shull, Cosgrove, Hellige & Lundberg, Sioux City, for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

This is an appeal from a judgment in which the district court ruled that an insured who fatally struck a baby's head was excluded from coverage under a farm liability policy. The court ruled that as a matter of law the act was "intended" by the insured and coverage was therefore excluded by the terms of the insurance policy. We affirm.

Paula De Groot, a thirteen-year-old baby-sitter became frustrated and angry when five-month-old Megan Kleyer...

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