Cavanagh v. Ohio Farmers Insurance Company

HATHAWAY, Chief Judge.

This is an appeal by defendant Cavanagh from a declaratory judgment decreeing that the killing of her husband by Walter Burris was intentional and therefore the insurance companies were not liable upon their policies.

On August 11, 1970, Estelle Cavanagh, wife of the victim, filed suit against Margaret Burris, administratrix of the Estate of Walter Burris, alleging that she and her children were damaged by reason of Walter Burris’ homicide upon Thomas W. Cavanagh. On November 23, 1970, Ohio Farmers Insurance Company, issuer of a farmowner’s policy of insureds Walter and…