Burd v. Sussex Mutual Insurance Company

The opinion of the court was delivered by

Wentraub, C. J.

The defendant carrier issued a Home Owner’s policy to plaintiff, Burd, providing him with “Comprehensive Personal Liability Coverage.” The ultimate issue is whether the policy covers the liability incurred by Burd when he inflicted shotgun wounds upon August D’Agostino.

The shooting incident led to the conviction of Burd for atrocious assault and battery. Thereafter D’Agostino sued Burd for damages. His complaint contained two counts. The first count charged that Burd “did maliciously and in*387tentionally fire a loaded gun at the plaintiff”…