Country Mutual Insurance Company v. Dahms

Declaratory judgment action as to whether insurer has a duty to defend its insured in underlying tort lawsuit in which claims for negligence and battery were alleged.  Six months after tort suit filed, Defendant was convicted of aggravated battery stemming from same events. Insurer initially owed duty to defend insured in underlying tort case, which arose when Plaintiff filed underlying tort case, rather than when Defendant filed affirmative defense of self-defense. Insurer's duty to defend terminated upon insured's conviction for aggravated battery, because, as of that moment, insured's conduct fit with policy's criminal-act exclusion. (HOWSE and COBBS, concurring.)