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EMPLOYERS INS. OF WAUSAU v. MARTINEZ

No. 1999-SC-1008-D.

54 S.W.3d 142 (2001)

EMPLOYERS INSURANCE OF WAUSAU, Appellant, v. Joyce MARTINEZ and Marguerite Brookings (individually and on behalf of all others similarly situated); Clifford Amos; Robert Copley; Richard T. Hunter; Charles M. Alexander, Jr.; William A. Kinman; Clayton Logsdon; Drury Malloy; John W. Koernner; Addah S. Herdt; and Margaret A. Myer, Administrator of the Estate of Ralph Allen, deceased, (individually and in their official capacities as Officers and Directors of Louisville Crematory and Cemeteries Company, Inc.); Lawrence R. Handley, Sr.; Mary Handley; Betty Jo Handley; Carolyn Graves; Elaine Hickman; Lawrence Handley, Jr.; James Lee Handley; Marcus Ray Handley; Gregory Handley; Charles Handley; Marie Cox; Norma Mitchell; Patricia Effinger; Louisville Crematory and Cemeteries Co., Inc.; Omnia Church of God, Inc.; Christ Church United Methodist, Inc.; Karl E. Rothrock; Unknown Trustees of Trinity Temple United Methodist Church, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 27, 2001.

Attorney(s) appearing for the Case

Elizabeth U. Mendel, Woodward, Hobson & Fulton, LLP, Lexington, for Appellant.

Cecil Davenport, Leesburg, FL, David S. Davis, J. Leonard Rosenberg, Laura L. Spaulding, Perry Adanick, C.A. Dudley Shanks, Gary R. Hillerich, Randolph Noe, Mark C. Webster, Grover C. Potts, Jr., Wyatt, Tarrant & Combs, Mary Janice Lintner, Louisville, Garry R. Kaplan, Lexington, for Appellees.

GRAVES, Justice.

This Court granted discretionary review to resolve the issues of whether an insurance policy's exclusion of coverage for willful violation of a penal statute requires a criminal conviction of an insured in order for the exclusionary clause within the insurance policy to be invoked, even though the exclusion contains no such requirement. We hold that the provisions of the insurance policy do not require that the insured be convicted of the offense...

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