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Allstate Insurance Company v. Bauer5/14/1999
Douglas Bauer appeals a trial court's declaratory Judgement in favor of Allstate Insurance Company. The trial court found that Bauer's homeowners insurance policy did not obligate Allstate to defend Bauer in a wrongful death action arising out of an incident where Bauer deliberately shot the deceased in self-defense. Bauer claims that the shooting was an accident because he mistakenly believed that the deceased was armed. He also argues that the policy's intentional acts exclusion is void or, alternatively, that the court should amend it to conform with RCW 9A.16.110, which provides that persons shall not "be placed in legal jeopardy of any kind" when they reasonably protect themselves or others from violent crime. Concluding that the death, which resulted from an intentional act, was not a covered loss, we affirm.
FACTS
Bauer returned home late one evening with his four-year-old son. During the drive, Sean Morgan had followed him, flashing his headlights. After Bauer parked his car, he encountered Morgan, who appeared to be intoxicated. Morgan purported to be an off-duty police officer and told Bauer that he had "created several violations" and that "I got the legal right to shoot you." When Bauer attempted to take his son into his house to call 911, Morgan knocked them to the ground.
While still lying on the ground, Bauer saw Morgan reaching toward his back for what Bauer believed was a gun. Fearing for himself and his son, Bauer fired multiple shots at Morgan, who was in fact unarmed. Bauer then grabbed his son, ran to his house, and yelled to his fiancŒe to call 911. Morgan died from the bullet wounds.
The State charged Bauer with second degree manslaughter, RCW 9A.32.070, but a jury acquitted him, finding his actions to be in self-defense. Morgan's wife and Morgan's estate then brought a wrongful death lawsuit against Bauer, who tendered his defense to Allstate. Allstate accepted the defense under a full reservation of rights but, before trial, sought a declaratory Judgement that neither Bauer's automobile nor homeowners policy covered the wrongful death claims and that it did not have a duty to defend Bauer.
Bauer's homeowners policy contains the following provisions:
"Coverage X"
"Family Liability Protection"
"Losses We Cover Under Coverage X:"
"Subject to the terms, conditions and limitations of this policy, Allstate will pay damages which an insured person becomes legally obligated to pay because of bodily injury or property damage arising from an occurrence to which this policy applies, and covered by this part of the policy."
"Losses We Do Not Cover Under Coverage X:"
"1. We do not cover any bodily injury or property damage intended by, or which may reasonably be expected to result from the intentional or criminal acts or omissions of any insured person. . . ." Clerk's Papers at 46.
The policy contains the following definition of occurrence:
"9. "Occurrence" - means an accident, including continuous or repeated exposure to substantially the same harmful conditions during the policy period, resulting in bodily injury or property damage." Clerk's Papers at 21.
The trial court granted Allstate's motion for summary Judgement, finding that the policy did not cover the losses alleged in the wrongful death lawsuit because Morgan's death was neither an occurrence nor an accident and the intentional acts exclusion applied to the claim.
DISCUSSION
The interpretation of an insurance policy is an issue of law that appellate courts review de novo. Grange Ins. Co. v. Brosseau, 113 Wn.2d
Page 1 2 3 Washington Personal Injury Attorneys
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