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State Farm Fire and Casualty Company v. Parker5/24/2000
also is on the extent to which the insured intended the injury, as opposed to merely intending the act that caused the injury. See, e.g., Ledford v. Gutoski, 319 Or 397, 401, 877 P2d 80 (1994) ("Injuries resulting from intentional acts are excluded from insurance coverage when the insured intended to cause the particular injury or harm, as opposed to merely intending the act.").
We reject Clarke's argument that the trial court's finding that Parker had acted under the influence of an extreme emotional disturbance in effect negated the element of intent that is inherent in a first-degree manslaughter conviction. It is well-settled that proof of an extreme emotional disturbance is a mitigating factor that has the effect of reducing the crime of murder to first-degree manslaughter; it does not negate the element of intent. See, e.g., State v. Gaynor, 130 Or App 99, 105, 880 P2d 947 (1994), rev den 320 Or 508 (1995) (so holding).
We conclude that the trial court did not err in denying Clarke's motion for summary judgment and in granting State Farm's motion.
Affirmed.
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