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Allstate Insurance Co. v. Grimes11/8/2004
overage for and owed a duty to defend Planet Rock against the claims of negligence in rendering aid and/or failing to render aid to the victim following the assault. Planet Rock at 489.
Allstate's argument to this court - for extension of the exclusion via the joint obligations clause - is very similar to the chain of events theory it argued in Watts, which argument our Supreme Court rejected. Watts, 811 S.W.2d at 887 (cause and effect, under Allstate's theory, could "extend to near infinity.") From our review of Watts and Planet Rock, we find no justification to extend the joint obligations clause to subsequent, separate and independent acts of negligence of other insureds.
The allegations in paragraph 23 of the Complaint allege independent acts of negligence against Lawrence and Janet Grimes, which allegedly occurred subsequent to the shooting and which may give rise to injuries in addition to those Ms. Yarbrough sustained from the intentional acts of Wesley Grimes. The allegations in paragraph 23 of the Complaint are not predicated upon a cause of action or risk that is excluded under the policy, but rather upon the alleged subsequent and independent acts of negligence by Lawrence and Janet Grimes. Therefore, the alleged subsequent and independent acts of negligence and additional injuries, if any, suffered by Ms. Yarbrough attributable to the failure of Lawrence and Janet Grimes to render aid are not excluded. To the contrary, the policy affords Lawrence and Janet Grimes coverage for such alleged acts and injuries. Thus, Allstate has a duty to defend Lawrence and Janet Grimes.
Costs of appeal are assessed against Allstate Insurance Company.
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