Patrons Mutual Insurance v. Kerl Ex Rel. Harmon

The opinion of the court was delivered by

Lockett, J.:

This is an appeal of a declaratory judgment action in which Patrons Mutual Insurance Association (Patrons) sought to determine if an exclusion in its homeowners insurance policy for bodily injury to an insured applies to the wrongful death claim made by a minor son against his father, who caused the death of the mother. All were insured under the terms of the policy. The district court found that under the homeowner’s policy the son had a valid claim against his father for the wrongful death of the mother. The insurer appeals.

Three separate…