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Cole v. State Farm Mutual Insurance Company6/14/2000
ned using the perspective of the insured. See State Farm Mut. Auto. Ins. Co. v. Wertz, 540 N.W.2d 636, 639 (S.D. 1995)("State Farm's interpretation of the policy is premised on viewing the word "accident" from the insured's perspective."); State Farm Mut. Auto. Ins. Co. v. Moorer, 496 S.E.2d 46, 51-52 (S.C. 1998). In addition, in yet another appellate court, Respondent appears to have argued contrary to the position it now defends. See State Farm Mut. Auto. Ins. Co. v. Coon, 208 N.W.2d 532, 533 (Mich. App. 1973)("the very definition of `accident' submitted by [State Farm] . . . described it as `an event which under the circumstances is unusual nd not expected to the person to whom it happened'").
We are not convinced by Respondent's assertion that the term "accident" is susceptible to only one meaning, particularly in light of Respondent's apparent practice of offering whatever definitional perspective that serves its purpose du jour. Based on the ambiguity we find in the term "accident," we construe the term "accident" against the drafter of this insurance contract and in favor of the insured.
We hold, under the facts of this case, that Ms. Cole's death was the direct result of an "accident" because her shooting was an unusual and unforseen event when viewed from her perspective as the insured victim. We reverse the judgment of the Court of Special Appeals and remand the case for further remand to the Circuit Court with directions to enter judgment in favor of the Petitioner on his motion for summary judgment.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED; CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO REVERSE THE JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY AND TO REMAND THIS CASE TO THAT COURT WITH INSTRUCTIONS TO ENTER JUDGMENT IN FAVOR OF JOHN EDDY JACKSON COLE AS PERSONAL REPRESENTATIVE OF SHARYN COLE'S ESTATE; COSTS IN THIS COURT AND THE COURT OF SPECIAL APPEALS TO BE PAID BY STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.
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