Auto-Owners Insurance v. Churchman

This is a declaratory action to deter*563mine the insurer’s duty to defend or indemnify its insured for the murder of Gary Churchman.

We granted leave to consider whether insurance coverage is precluded as a matter of law because of an exclusion for bodily injury coverage when "expected or intended by an insured person” and the insured is mentally ill or insane.

We find that the Court of Appeals erred in holding that an insane or mentally ill person cannot intend or expect the consequences of his actions as required by the exclusion of plaintiff’s homeowner’s policy. We conclude that, while an…