AMCO Insurance Co. v. Haht

HARRIS, Justice.

An insurer brought this declaratory judgment action to test its contention that there is no coverage for liability in a wrongful death claim. The insured, an eleven-year-old child, deliberately struck another child with a thrown baseball after becoming irritated in a neighborhood game. According to the trial court’s findings the insured intended to hurt the second child, but not to cause him bodily injury. The question concerns an exclusion for liability for bodily injury expected or intended by the insured. The district court found that the exclusion did not apply and we…