Baber v. Fortner by Poe

BROTHERTON, Justice:

In this case, we are asked to determine whether the appellant’s voluntary manslaughter conviction established the element of intent for purposes of determining coverage under an intentional injury exclusion clause in a liability insurance policy, and thus precluded the appellant’s relit-igation of the issue in subsequent civil proceedings which were instituted against him.

The appellant, Nicholas Fortner, and his wife, Diane, separated in 1983. On Novem ber 15, 1983, Fortner went to visit his estranged wife and found her outside with her boyfriend, Richard Walker, in the…