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Cole v. State Farm Mutual Insurance Company6/14/2000
William Dawson Cave shot and killed Sharyn Cole on 17 September 1994 while she was seated in her parked van in the driveway of his Brandywine, Maryland, home. As a result, John Eddy Jackson Cole (Petitioner), husband of Ms. Cole, submitted, as personal representative of her estate, a claim for accidental death benefits under Ms. Cole's automobile liability policy written by State Farm Mutual Automobile Insurance Company (State Farm). State Farm (Respondent) denied coverage. Petitioner then filed a breach of contract claim against Respondent in the District Court of Maryland sitting in Prince George's County. Upon Respondent's request for a jury trial, the case was transferred to the Circuit Court for Prince George's County. The Circuit Court granted Respondent's motion for summary judgment, concluding as a matter of law that Ms. Cole's death was not the result of an "accident" within the meaning of that term as used in the policy. In an unpublished opinion, the Court of Special Appeals affirmed. At Petitioner's request, we granted a writ of certiorari to determine whether Ms. Cole's death was the result of an "accident."
BACKGROUND
The facts of this case are not in dispute. On 17 September 1994, Petitioner and Ms. Cole traveled, in Ms. Cole's 1994 Ford Van, to the home of William Dawson Cave. Mr. Cole drove the van. Petitioner and Ms. Cole's children, Erica (Age 5) and Cheyanne (Age 1) occupied the rear seat of the van. The purpose of the trip was to pick up Catherine Morgan Cole, Petitioner's daughter from his previous marriage to Heather Cave, for a previously scheduled visitation. Heather Cave was Mr. Cave's daughter.
After Petitioner pulled into Mr. Cave's driveway, he left the engine of the van idling and exited the van to approach the house. When Petitioner was only a few steps away from the van, he encountered his former father-in-law. Mr. Cave produced a handgun and shot Petitioner two times. Petitioner retreated to the van and, as he was opening the driver side door, Mr. Cave shot Petitioner again. Mr. Cave then circled the van toward Ms. Cole's side of the vehicle. In her panic, she was unable to release her seat belt. Mr. Cave fired two shots at Ms. Cole from close range through the passenger window. Mr. Cave then shot and killed himself. Petitioner survived the attack, but Ms. Cole died from her gunshot injuries. Cheyenne received minor injuries from flying glass. Fortunately, Erica was unharmed. At the time of the shooting, State Farm had in effect a policy of insurance, naming Ms. Cole as the insured, covering her van. The provision of the policy that is relevant to this appeal is the "Death, Dismemberment, and Loss of Sight" clause in Section V of the policy. Section V provides, in pertinent part:
We [Respondent] will pay the amount shown in the schedule that applies for death, or loss, caused by accident. The insured has to be occupying or be struck by a land motor vehicle or trailer. The death or loss must be the direct result of the accident and not due to any other cause. The death or loss must occur within 90 days of the accident. (Emphasis in original).
The amount of coverage for accidental death was $10,000.
On 13 January 1997, Petitioner, acting as the personal representative for his wife's estate, filed a claim with Respondent requesting payment pursuant to Section V of his wife's insurance policy. By letter dated 16 January 1997, Respondent denied Petitioner's claim. The reason given was that, relying on DeJarnette v. Federal Kemper Ins. Co., 299 Md. 708, 475 A.2d 454 (1984), the insurer did "not feel that the injuries sustained by Sharyn K. Cole which resulted in her death, were the result of an accident." Ess
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