James E. Gibson v. State Indiana

Plaintiff-appellant Auto-Owners Mutual Insurance Company (Auto-Owners) appeals the trial courts award of judgment for the insured parties Netta Stroud, Randall Stroud, and Netta Stroud d/b/a Ma Strouds Country Corner (collectively, the Strouds) in this declaratory judgment action. Auto-Owners contends trial Judge Ernest E. Yelton erred in finding it has the duty to defend and indemnify the Strouds in an action pending against them for bodily injuries sustained by an eleven-year-old boy. The central question in this case is whether the Strouds actions which injured the boy were "intended or expected," thus removing from Auto-Owners the duty to defend and indemnify the Strouds under the terms of the insurance policy. We affirm Judge Yeltons findings that the Strouds actions were not intended or expected.