a221  1230  10 Aug 87
AM-Court-Beheading,0231
Appeals Court Rules In Beheading Case
    LANSING, Mich. (AP) - A man being sued for cutting off a woman's
head with a hacksaw is not entitled to legal coverage under his
father's homeowner's policy, the Michigan Court of Appeals ruled
Monday.
    The appeals panel upheld a ruling by an Oakland County circuit court
in favor of the Aetna Casualty and Surety Co.
    On Aug. 18, 1982, Charles Sprague beat Marlene Wayne into
unconsciousness and then beheaded her. He was charged with
first-degree murder and was found guilty, but mentally ill.
    Wayne's estate filed a wrongful death action against Sprague and his
father, Duane Sprague, who had a homeowner's policy with Aetna.
    On June 14, 1985, Aetna asked Mester to rule that it didn't have to
defend Charles Sprague in court or provide liability coverage for him
because the elder Sprague's policy had an exclusion for bodily
injuries ''expected or intended'' by the insured.
    Wayne's estate appealed, contending that Charles Sprague was
negligent in failing to take his medication and continue psychiatric
treatment and that led to Wayne's death. The estate contended that
meant Aetna had to extend its coverage to the younger Sprague.
    The three-judge appeals panel rejected that reasoning, saying it was
obvious that Sprague intended to kill Wayne and such an act was
excluded from coverage by the Aetna policy.
    
 
AP-NY-08-10-87 1523EDT
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