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AUTO-OWNERS INS. CO. v. CHURCHMAN

Docket No. 88923, (Calendar No. 10).

440 Mich. 560 (1992)

489 N.W.2d 431

AUTO-OWNERS INSURANCE COMPANY v. CHURCHMAN

Supreme Court of Michigan.

Decided September 9, 1992.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Robert G. Kamenec and Charles H. Gano), for the plaintiff.

Stroup, Johnson & Tresidder, P.C. (by Stephen J. Tresidder), for defendant Beulah M. Churchman.

Burns & Spanos (by George D. Spanos) for defendant Frost Estate.

MALLETT, J.

This is a declaratory action to determine the insurer's duty to defend or indemnify its insured for the murder of Gary Churchman.

We granted leave to consider whether insurance coverage is precluded as a matter of law because of an exclusion for bodily injury coverage when "expected or intended by an insured person" and the insured is mentally ill or insane.

We find that the Court of Appeals erred...

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