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Hall v. State Farm Fire & Sasua12/24/2001
Bryon Hall appeals the trial court's dismissal of his claim for insurance coverage against State Farm. Hall brandished a handgun during a verbal confrontation with Eric Truong. Truong grabbed for the gun and was shot in the struggle. Hall's insurance policy with State Farm excluded injuries resulting from 'willful and malicious acts.' A jury found that there was an 'accident' and that no injury occurred that was expected or intended by Hall. But the jury also found that Truong's injury was the result of willful and malicious acts by Hall. The trial court subsequently dismissed Hall's claim, ruling that the jury's verdict had the legal effect of denying coverage under the policy.
On appeal, Hall argues that the trial court erred by failing to instruct the jury that the firing of the gun, not the acts leading up to it, was the act the jury should consider in determining whether Hall acted 'willfully and maliciously' under the policy exclusion. Hall also argues that the jury's verdict was inconsistent because the shooting could not be both accidental and the result of a willful and malicious act. Further, Hall contends that the trial court erred by failing to give a number of other instructions and by submitting a flawed special verdict form to the jury. State Farm cross-appeals, claiming the willful and malicious acts exclusions barred coverage as a matter of law.
State Farm's policies unambiguously deny insurance coverage for injuries that result from willful and malicious acts of an insured. The court, therefore, did not err by instructing the jury with the language contained in the policy exclusions. Further, the jury's verdict was not inconsistent because the jury could have found that Truong's injuries resulted from malicious acts leading to an accidental shooting. Accordingly, we affirm.
FACTS
Around 1 a.m. on September 1, 1996, 17-year-old Truong and 10 to 15 of his friends were congregating at Hamilton Viewpoint Park in Seattle. Hall, 17, and another male arrived in a car. Both Hall and the driver emerged from the car and began yelling at the group. Some of the members of the group testified that Hall and the driver were yelling derogatory terms directed toward Asians and gangs. Witnesses testified that Truong confronted the driver first, then Hall approached and stepped between Truong and the driver. As he approached, witnesses testified to hearing Hall say that he hated 'bloods,' a term the witnesses interpreted as referring to a gang. A witness also testified that Hall said, 'Look at those gooks trying to speak English.' Hall and Truong then began arguing.
One of Truong's friends who was present testified that he put his hand on Hall and pushed him back a little, telling him 'There is no need to start any trouble.' According to the witness, Hall responded by saying, 'Don't ever put your hands on me, boy.' Hall and Truong then began arguing again. After a few more words were exchanged, the witness testified that Hall stepped back and said, 'Tough guy, hmm?' At that point Hall produced a handgun from the right pocket of his pants. Some testimony indicated that Hall put the gun up against Truong's head. Hall and some others testified that he was trying to point the gun in the air when Truong lunged at him.
Truong grabbed for the gun with his left hand and punched at Hall's face with his right hand. During the struggle, the gun went off and Truong was shot.
Hall entered an Alford plea and was subsequently convicted of first degree assault for his role in the incident.
State Farm insured Hall's grandparents under a homeowner's policy and an umbrella policy. Hall was an insured under the policy as
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