State v. Weinstein

1 Dr. Michael Kogianes shot his wife and her companion a total of nine times, and he said to the dying companion, "This is the last marriage youll ever break up." Kogianes was convicted of two counts of premeditated first degree murder by a jury that rejected his insanity defense. Kogianes and the victims survivors then sought insurance coverage from Western Agricultural Insurance Co. ("Western"), which insured Kogianes for liability from bodily injury. Western filed this action, seeking a declaration that its insurance policy did not cover Kogianes for these two murders. The trial court granted summary judgment to Western, and we affirm.