Exclusion of Intentional Acts
A twenty-one-year-old boy living in his parents’ home invited a girl over to do heroin with him. She overdosed and became violently ill. He beat her severely, and he failed to seek medical help for the girl. The estate filed a complaint against him for wrongful death, alleging he was liable for battery and negligently failing to procure medical assistance. The defendant’s parents sought coverage from State Farm under their homeowner’s policy and personal liability umbrella policy. State Farm filed a declaratory action that it had no duty to defend or indemnify, and the trial court granted its motion for judgment on the pleadings, stating that the allegations did not constitute an accident.
On appeal, the court affirmed the lower court’s decision, reasoning that the well-pleaded factual allegations in the underlying complaint permitted only the conclusion that the defendant acted intentionally. Therefore, the pleadings did not constitute an “accident” and also fell within the exclusion for intentional acts. The court further noted that the defendant’s battery conviction was irrelevant because doctrine of estoppel was not applied in this case by the lower court.
State Farm Fire and Cas. Co. v. Young, 2012 WL 1402131, —N.E.2d —- (Ill.App. 1 Dist., 2012), No. 1-10-3736.
