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Thomas v. State Farm Fire and Casualty Co.6/24/2003
NATURE OF THE CASE: CIVIL - INSURANCE
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT IN FAVOR OF STATE FARM
DISPOSITION: AFFIRMED - 06/24/2003
. Pearlie Thomas was shot by her cousin, Bessie Mallard. Thomas sued Mallard for injuries sustained by gunshot. A default judgment was entered and a hearing was held to determine damages. Thomas was awarded $473,067.54 in compensatory damages and $70,000 in punitive damages. Thomas then filed a garnishment action against State Farm to recover from Mallard's homeowner's insurance policy. The court ruled in favor of State Farm's motion for summary judgment. Aggrieved Thomas asserts the following on appeal:
I. THE EXCLUSION RELATING TO INTENTIONAL HARM IS NOT APPLICABLE HERE BECAUSE DEFENDANT MALLARD DID NOT INTEND TO HARM THE PLAINTIFF.
II. ANY LACK OF NOTICE TO STATE FARM IS NO BASIS FOR BARRING RECOVERY UNDER THE INSURANCE POLICY.
FACTS
. On April 4, 1996, Bessie Mallard shot her cousin, Pearlie Thomas, in the abdomen. Mallard later pled guilty to aggravated assault and was sentenced to fifteen years suspended and five years of supervised probation. Thomas then sued Mallard for damages sustained from the gunshot. A default judgment was entered on November 16, 1997, as Mallard never answered the complaint. The hearing to determine damages was held on May 13, 1999; Mallard failed to attend. Thomas was awarded $543,067.54 in medical expenses, compensatory damages, and punitive damages.
. Soon after the hearing to determine damages, Mallard filed for bankruptcy , and Thomas discovered that Mallard had a homeowner's insurance policy after a hearing in a bankruptcy proceeding uncovered that Mallard owned a home and lived in Leflore County. Thomas then searched the records in Leflore County and discovered a deed to a mortgaged property on which Mallard had homeowner's insurance. Thomas filed a garnishment action against State Farm Fire and Casualty Company, the insurer. State Farm refused to pay pursuant to an exclusionary provision that excluded from coverage intentional acts done by the insured. State Farm also asserted as a defense the fact that Mallard did not give notice of the claim to State Farm until years after the incident; a default judgment had already been entered against Mallard. The trial court granted summary judgment in favor of State Farm.
. The clause that protects the insured from personal liability states:
If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence, we will: 1) pay up to our limit of liability for the damages for which the insured is legally liable.
The exclusionary provision that State Farm relies on provides that coverage does not apply to bodily injury "to any person which is the result of willful and malicious acts of an insured."
. Mallard pled guilty to the aggravated assault charge and at the sentencing hearing Thomas told the judge about her medical bills and how Mallard should have to pay. There was obvious ill will between the women at that point. However, a reading of the depositions taken by State Farm in April of 2001 revealed a totally different scenario. Both women agreed at that time that Mallard did not intend to harm Thomas. Thomas even stated that she may have accidentally hit Mallard's hand which held the gun when she turned to go back inside. Clearly, both of these women want State Farm to pay.
ANALYSIS
I. IS THE EXCLUSION RELATING TO INTENTIONAL HARM APPLICABLE HERE?
. Thomas contends that the trial court
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