Insurer has no Duty to Defend since no Alleged “Bodily Injury” caused by an Accident or “Occurrence”
In State Farm Fire and Casualty Company v. Weber, Joshua Weber (“Weber”) repeatedly stabbed Brendan Farley (“Farley”), a bar patron, during the course of a fight. Weber sought insurance coverage under his parents’ homeowners policy after the severely injured victim sued him. State Farm Fire and Casualty Company (“State Farm”) filed a separate complaint for declaratory judgment, seeking a declaration that State Farm had no duty to defend or indemnify Weber in the Farley complaint. State Farm alleged that the Farley complaint did not allege an “occurrence” and that coverage was otherwise excluded by the so-called intentional acts exclusion.
Weber and Farley allege that there is a question of fact regarding whether State Farm has a duty to defend Weber. Weber and Farley claim that the homeowners policy covers the underlying Farley action because the extent of his injuries were accidental and constituted an “occurrence” under the policy. They also allege that the exclusionary provision was inapplicable because Weber intended to use reasonable force during the altercation with Farley and therefore did not expect the grievous injuries he caused when he unintentionally used excessive force. However, State Farm contends that it has no duty to defend because the allegations contained in the tort complaint do not allege “bodily injury” caused by an accident or “occurrence” on the part of Weber. Instead the complaint alleges that Weber repeatedly stabbed Farley with a knife.
The court reviewed whether the underlying lawsuit alleged an “occurrence” or accident as defined under the policy.
Illinois courts define the term “accident” to mean “an unforeseen occurrence, usually of an untoward or disastrous character or an undersigned sudden or unexpected event of an inflictive or unfortunate character.” A court then considers whether the insured should have expected his act to cause the resulting injury. The court determined that the complaint does not allege conduct on the part of Weber that can be reasonably construed as being accidental. Farley’s injuries were not the result of any undersigned sudden or unexpected event of an inflictive or unfortunate character.
State Farm Fire & Cas. Co. v. Weber, 2014 IL App (1st) 130156.
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
