All American Insurance v. Burns

HOLLOWAY, Circuit Judge.

This is an appeal from a summary judgment granting declaratory relief for defendant-appellee Preferred Risk Mutual Insurance Company (Preferred Risk). The judgment determined that there was no duty to defend or indemnify several named insured parties. We feel there is one primary dis-positive issue — whether the circumstances of the case were within an exclusion in Preferred Risk’s policy for ‘personal injury arising out of the willful violation of a penal statute ... committed by or with knowledge of [sic] consent of any insured.” The district judge held that due to…