Lambert v. Safeco Ins. Co. of Amer.
| Docket Number: | 2011-CA-00166-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - Homeowners' policy - Liability coverage - Intentional conduct - Illegal act - Accident - Occurrence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Procedural History: Declaratory Judgment/Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 12-30-2010 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: DISMISSED APPELLANT’S SUIT SEEKING COVERAGE FROM HOMEOWNER’S INSURANCE POLICY Case Number: 2005-196 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Rita Kees Lambert, Individually, and as Personal Representative of all Wrongful Death Beneficiaries and Heirs at Law of the Decedent, Brian Michael Kees |
MATTHEW WARREN KITCHENS
DANIEL WESLEY KITCHENS |
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| Appellee: | Safeco Insurance Company of America | W. WRIGHT HILL JR. MELISSA ANNELLE ROSE JAN F. GADOW | ||
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| Topic: | Insurance - Homeowners' policy - Liability coverage - Intentional conduct - Illegal act - Accident - Occurrence |
| Summary of the Facts: | Rita Kees Lambert, individually and as a personal representative of all heirs at law and wrongful-death beneficiaries of her son, Brian Michael Kees, filed a wrongful-death suit against Al Ellis and John Does 1-10, alleging that Brian had suffered physical injuries and death as a result of Ellis's gross negligence. The circuit judge assessed $75,000 in damages against Ellis. The circuit judge ultimately entered a final judgment finding that Ellis was not entitled to liability coverage under the homeowner's insurance policy issued to him by Safeco Insurance Company of America for the $75,000 judgment entered against him as a result of Brian’s death. Lambert appeals. |
| Summary of Opinion Analysis: | Lambert argues that the circuit judge erred by finding that Ellis is not entitled to liability coverage under his homeowner's insurance policy, issued by Safeco, for the $75,000 judgment entered against him as a result of Brian's death. Specifically, she claims that the circuit judge erroneously determined that the policy provides no coverage because: Ellis committed an illegal act; Ellis intended to discharge the firearm in the direction of the vehicle, actions that were not accidental and not an "occurrence" as required under the policy; and Ellis's actions were intentional, thus barring coverage under the policy's intentional acts exclusion. Safeco argues that the circuit judge properly concluded that the "illegal acts" exclusion in Ellis's homeowner's policy excludes coverage. Safeco asserts that the damages claimed by Lambert arose out of an illegal act committed by Ellis — discharging his firearm within the city limits, resulting in Brian's death — thus excluding coverage under the policy. A claim resulting from intentional conduct which causes foreseeable harm is not covered by an insurance policy, even where the actual injury or damages are greater than expected or intended. Here, Ellis admitted that he indeed intended to discharge his firearm at the Kees’ vehicle, resulting in Brian’s death (although Ellis claims he only fired at the vehicle with the intention of disabling the car). Accordingly, the circuit judge did not err in finding that Brian’s death was caused by an illegal act committed by Ellis, and, under the illegal-acts exclusion in the Safeco policy, Safeco does not owe liability insurance coverage to Ellis. Because Ellis intended to discharge the firearm, his actions were not an “accident’ or “occurrence” as required by the policy. |
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