Warren Donovan, Appellant, v. Commercial Union Insurance Co., Respondent., 493 N.W.2d 581

Summary

The insured filed a declaratory judgment in the trial court to find out whether the insurer was obligated to defend and indemnify him in an action brought by his former wife for personal injuries. The insured had shot his wife in the elbow after they had been drinking and had been involved in discussions in which the insured told the wife that he thought they should separate. The insured stated that his intention in firing the gun was to instill great fear in the former wife, not to injure her. The insured filed a claim with his insurer who denied coverage, citing a policy exclusion for bodily injury expected or intended by the insured. The insured filed a declaratory action stating that he did not intend to shoot his former wife. The trial court granted summary judgment to the insurer. The insured appealed. The court affirmed the trial court judgment noting that because the gun did not accidentally discharge that it was undisputed that he intentionally fired the gun to scare his ...