(DOWNLOAD) "Western Indemnity Company v. Gary Lynn" by Southern District, Division One Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Western Indemnity Company v. Gary Lynn
- Author : Southern District, Division One Court of Appeals of Missouri
- Release Date : January 19, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
John C. Holstein, Judge AFFIRMED Gary Alley was the victim of an armed robbery, kidnapping, and shooting in which Kenneth Samuel Conway was a participant. This is a declaratory judgment action by Western Indemnity Company (Western) seeking a determination of whether a homeowner's liability insurance policy issued by Western to Conway's parents provided coverage for damages to Alley and his wife as a result of Conway's criminal conduct. Following a trial to the court, judgment was entered for Western denying coverage. The Alleys appeal claiming that under the evidence in this case, the court should have found that Conway's conduct was negligent rather than intentional and that Conway was an insured under his parent's homeowner's policy. We affirm. In a court tried case, the decree or judgment of the trial court will be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law. Wojtkowski v. Shelter Insurance Companies, 702 S.W.2d 74, 76 (Mo. banc 1985). The facts in this case unquestionably demonstrate the existence of substantial evidence supporting the trial court's judgment.