AUTO-OWNERS INS. CO. v. HARVEY

No. 83S01-0501-CV-00007.

842 N.E.2d 1279 (2006)

AUTO-OWNERS INSURANCE COMPANY, Appellant (Defendant below), v. Jon HARVEY and Misty Johnson, as Co-Personal Representatives of the Estate of Brandy Nicole Harvey, Appellees (Plaintiffs below), and Toby Michael Gearheart (Co-Defendant below).

Supreme Court of Indiana.

February 22, 2006.


Attorney(s) appearing for the Case

David L. Taylor, Thomas R. Haley III, Joseph A. Samreta, Jennings Taylor Wheeler & Haley, P.C., Carmel, for Appellant.

James O. McDonald, Everett, Everett & McDonald, Terre Haute, for Appellee.

Indiana Trial Lawyers Association, Adrian P. Smith, Smith & DeBonis, LLC, Highland, Amicus Curiae.


DICKSON, Justice.

This interlocutory appeal challenges the denial of summary judgment in an insurance policy coverage dispute. Finding that the insured's statements and his plea of guilty to involuntary manslaughter conclusively established his alleged tortious act was committed "knowingly or intentionally," the Court of Appeals held that coverage for the claim was excluded by the policy's definition and requirement of an "occurrence," and it remanded for the entry...

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