Graves v. Dairyland Insurance Group

PALMORE, Justice.

Dr. Elijah Graves, a pedestrian, was struck and killed by a truck driven by Tommy Graves. Tommy Graves was the insured under an automobile liability insurance policy issued by Dairyland Insurance Group. The policy protected him against liability for injuries or death caused by accident arising out of the use of the truck. In a wrongful death action against Tommy Graves the estate of Dr. Graves recovered a judgment for $9999.99. Dairyland denied coverage by reason of the following condition of its policy:

“Assault and battery shall be deemed an accident unless committed by or…