REPUBLIC INS. CO. v. FEIDLER

No. 1 CA-CV 97-0047.

969 P.2d 173 (1998)

193 Ariz. 8

REPUBLIC INSURANCE COMPANY, a Delaware corporation, Plaintiff-Appellant, v. Robert Michael FEIDLER and Jane Doe Feidler, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Review Granted November 17, 1998.


Attorney(s) appearing for the Case

Law Offices of Joseph C. Dolan, P.C. by Joseph C. Dolan and Charles M. Callahan, Phoenix, for Plaintiff-Appellant.

Susemihl & Davis, P.C. by Terry A. Davis, and Hofmann, Salcito & Stevens by Leroy W. Hofmann, Phoenix, for Defendants-Appellees,


OPINION

GARBARINO, Presiding Judge.

¶ 1 Republic Insurance Company (Republic) brought a declaratory judgment action against Robert Michael Feidler (Feidler) to determine whether the intentional acts exclusion of a homeowners insurance policy denied him coverage for his injuries. The jury decided that when Thomas Davis (Davis) repeatedly stabbed Feidler, he did not possess sufficient mental capacity to form the intent to injure Feidler; therefore, the...

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