Alstadt

Gary Alstadt, by his guardian ad litem Jeanne R. Martin (Gary), appeals an adverse judgment in the declaratory relief action brought by State Farm Fire and Casualty Company (State Farm), seeking a declaration that under the personal liability coverage provisions of a homeowner’s insurance policy it issued, State Farm owes no duty to Gary or his brother Daniel to defend Gary’s personal injury and wrongful death lawsuit against Daniel or to make any settlement or pay any money in connection with that lawsuit and the policy.

Gary’s personal injury and wrongful death action against Daniel stems from Daniel’s murder on February 22, 1975, of the boys’ father and mother, William and Maxine, and his commission of intentional torts against Gary. At the time the parents had a “Homeowners Policy” with State Farm. Both boys were “resident relatives” within the policy’s terms, residing in the parents’ household.

The policy in force at all times pertinent to this action is an exhibit before us in this proceeding. It names the parents and shows their address under the heading “Insured’s Name and Mailing Address.” The policy details coverage for personal liability and medical payments…