Aetna Casualty & Surety Co. v. Brathwaite

This is an action for a declaratory judgment in which Aetna Casualty and Surety Company (Aetna) seeks a declaration of its rights and responsibilities under two homeowner’s insurance policies issued to defendants Feher. Aetna appeals 1 from a trial court judgment which held that Aetna had a duty to defend and indemnify the Michael Feher estate (Feher) in a wrongful death action brought by the Christopher Brathwaite estate (Brathwaite), because Feher’s shooting of Brathwaite was not within the intentional act exclusions of the insurance policies. 2 The dispositive issue is whether the trial…