This section contains the nature of the case and procedural background.

Yeatts (D) sought indemnification from Aetna Casualty & Surety Co. (P) for liability incurred while he was committing a criminal abortion. P refused to indemnify D on the grounds that his policy excluded criminal acts. P sought a declaratory judgment that D was engaged in a criminal act and that P was not obligated to cover D under those circumstances. D denied the criminal act at trial. P failed to make a motion for directed verdict prior to the verdict. After the verdict, P moved for a judgment n.o.v. and for a new trial; the verdict was against the weight of credible evidence. Both motions were denied, and P appealed.

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