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STOUT v. UNDERHILL

No. 62A01-9912-CV-426.

734 N.E.2d 717 (2000)

Brett STOUT and Colleen Stout, Appellees-Plaintiffs/Counter-Claim Defendants, v. Johnny UNDERHILL, Appellee-Defendant. Indiana Insurance Company, Appellant-Plaintiff, v. Brett Stout and Colleen Stout and Johnny Underhill d/b/a Uniontown Farms, Appellees-Defendants.

Court of Appeals of Indiana.

September 13, 2000.

Attorney(s) appearing for the Case

James D. Johnson, Rudolph, Fine, Porter & Johnson, LLP, Evansville, Indiana, Attorney for Appellant.

James A. McEntarfer, Zoercher, Huber, McEntarfer & Goffinet, Tell City, Indiana, Attorney for Appellee.

OPINION

MATHIAS, Judge

Indiana Insurance Company ("Indiana") appeals the trial court's declaratory judgment in favor of Johnny Underhill ("Underhill"). The trial court found that Underhill's actions in shooting and injuring a trespasser leaving his property were not intentional or expected as defined by the insurance policy and thus fell within the scope of coverage of the insurance policy issued by Indiana.

We affirm.

Facts and Procedural...

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