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OHIO CAS. INS. CO. v. CLARK

Civil No. 980057.

583 N.W.2d 377 (1998)

1998 ND 153

OHIO CASUALTY INSURANCE COMPANY, Plaintiff and Appellee, v. Daniel CLARK, insured, and Kelly Girodengo, a minor child, sole surviving child of George Girodengo, Deceased, by and through her Grandmother, and next Friend, Maria Entzel; and Maria Entzel, surviving Mother of George Girodengo, Deceased, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied September 15, 1998.

Attorney(s) appearing for the Case

Randall J. Bakke (argued), of Smith Bakke Hovland & Oppegard, Bismarck, for plaintiff and appellee. Appearance by Scott K. Porsborg.

Glen R. Bruhschwein (argued), of Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for defendants and appellants Kelly Girodengo and Maria Entzel, and Irvin Nodland (appearance), of Irvin B. Nodland, P.C., Bismarck, for defendant and appellant Daniel Clark.

SANDSTROM, Justice.

[¶ 1] Daniel Clark, Kelly Girodengo, and Maria Entzel have appealed a judgment declaring Ohio Casualty Insurance Company has no duty to defend or indemnify Daniel Clark in a pending lawsuit for the wrongful death of George Girodengo. We conclude there are no genuine issues of material fact about Daniel Clark's intent in shooting George Girodengo. Daniel Clark's killing of George Girodengo was an...

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