Westmore v. Hull

EDWARDS, Judge.

On December 8, 1990, Vernon Paul Kaufman fired a shot, from a .38 caliber pistol, which struck and killed Kirkland Westmore. Westmore’s parents, Judia and Issac West-more, filed this wrongful death action naming as defendants, Vernon Paul Kaufman and Allstate Insurance Company, the homeowners insurer of Kaufman’s parents, James and Verna Banks. Allstate moved for and was granted summary judgment in its favor on the basis of an exclusionary provision in the policy barring coverage for intentional acts of an insured. The plaintiffs appeal, arguing that the “intent” of Vernon Paul…