State Automobile Mutual Insurance v. Gross

Banke, Presiding Judge.

Jessie Pope Salter shot and killed his next door neighbor, Alan Gross, with a shotgun, believing that his wife and Gross were having an affair. Gross’s mother thereupon instituted a wrongful death action against Salter, prompting Salter’s homeowner’s insurance carrier, the appellant herein, to seek a judicial declaration that it had no liability in the matter, due to a policy exclusion pertaining to “bodily injury or property damage . . . which is expected or intended by the insured.” The case is before us on interlocutory appeal from the denial of the insurer’s motion…