Country Mutual Insurance Company v. Alvina J. Duncan, Special Administrator for Charles Hartzell, Deceased, and Clarence Lindhorst

FLAUM, Circuit Judge.

Country Mutual Insurance comes before this court following an unsuccessful attempt to rid itself of its alleged contractual obligation to defend Clarence Lindhorst from a wrongful death action brought by the estate of a man Lindhorst was convicted of murdering. Country Mutual disputes whether as a matter of law, or under the particular facts of this case, a person who pleads guilty to voluntary manslaughter can be found to have acted “unintentionally” within the meaning of an insurance contract. It is Country Mutual’s contention that the criminal conviction collaterally…