American Family Mutual Insurance v. Guzik

941 N.E.2d 936, 406 Ill. App. 3d 245
CourtAppellate Court of Illinois
DecidedDecember 13, 2010
Docket3-09-0693
StatusPublished
Cited by8 cases

This text of 941 N.E.2d 936 (American Family Mutual Insurance v. Guzik) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Family Mutual Insurance v. Guzik, 941 N.E.2d 936, 406 Ill. App. 3d 245 (Ill. Ct. App. 2010).

Opinion

PRESIDING JUSTICE HOLDRIDGE

delivered the opinion of the court:

The plaintiff, American Family Mutual Insurance (American Family), filed a complaint for a declaratory judgment as to whether it owed insurance coverage under a homeowner’s insurance policy issued to defendant Michael Guzik. The complaint related to an explosion and fire that destroyed Guzik’s home and damaged neighboring properties. State Farm Fire & Casualty Company (State Farm) filed a counterclaim as subrogee of the neighboring property owners, arguing that American Family owed coverage to Guzik for the damage to the surrounding homes. Both State Farm and American Family filed motions for summary judgment. The trial court granted State Farm’s motion for summary judgment, finding that American Family owed Guzik coverage.

American Family appeals. 1 We reverse for the reasons below.

FACTS

American Family issued a homeowners insurance policy to Guzik for his home in Lockport, Illinois (premises). The policy was in effect from August 31, 2006, until August 31, 2007, with a liability limit of $500,000.

Section II of the insurance policy provided that American Family will pay up to the policy’s coverage limit for “compensatory damages for which any insured is legally liable because of bodily injury or property damage caused by an occurrence covered by this policy.” (Emphases in original.) The policy defined “occurrence” as an “accident” resulting in bodily injury or property damage.

Under an exclusionary clause in the policy, coverage was excluded for

“bodily injury or property damage caused intentionally by or at the direction of any insured even if the actual bodily injury or property damage is different than that which was expected or intended from the standpoint of any insured.” (Emphases in original.)

On October 5, 2006, an explosion and fire occurred on the premises, causing damage that included: (1) destruction of the premises, rendering it a total loss and requiring demolition and debris removal by the City of Lockport; (2) bodily injuries to Guzik; and (3) damage and loss to four of the surrounding homes, which were insured by State Farm.

An investigation and evidence indicated that prior to the day of the explosion and fire, Guzik had lost his job as a truck driver due to a driving under the influence conviction. He was attempting to sell his home to leave the state. On the day of the incident, Guzik was alone inside the home, the stove was disconnected from the gas line hook up, the gas line connection was open, tools were located near the disconnected stove, an accelerant was detected throughout the home and on Guzik’s clothes, and multiple, localized, unusual burn patterns were noted throughout the home. After the explosion and fire, Guzik was hospitalized and had no recollection of events just prior to the incident or of the incident itself. A fire and explosion expert concluded that the explosion and fire were caused by Guzik’s deliberate incendiary act of arson.

American Family filed a complaint for a declaratory judgment that it did not owe coverage under the language of the policy because the explosion and fire arose out of the intentional acts of Guzik to cause a loss on his premises. Guzik did not file an appearance or answer to American Family’s complaint and, consequently, was found in default.

Pursuant to State Farm’s insurance policies with the surrounding homeowners, State Farm compensated its insureds for their losses. State Farm subrogated the rights of its insureds and filed a counterclaim against American Family, claiming that American Family owed coverage to Guzik for State Farm’s claims. State Farm claimed that even though Guzik may have intended to damage his premises, there was no evidence that he intended to cause damage to the surrounding homes and, as such, he acted negligently by failing to prevent the fire and explosion from communicating to the surrounding homes.

State Farm and American Family both filed motions for summary judgment. The trial court granted State Farm’s motion and denied American Family’s motion, finding that American Family owed Guzik coverage under the subject policy for the claims of State Farm and its insureds. American Family appealed.

ANALYSIS

On appeal, American Family argues that the trial court erred in granting summary judgment in favor of State Farm. We agree.

The standard of review for the entry of summary judgment is de novo. Murray v. Chicago Youth Center, 224 Ill. 2d 213, 864 N.E.2d 176 (2007). In reviewing a grant of summary judgment, this court must construe the pleadings, depositions, admissions, and affidavits strictly against the moving party and in the light most favorable to the nonmoving party. Murray, 224 Ill. 2d 213, 864 N.E.2d 176.

When construing an insurance contract, a court must give each term in the policy meaning unless to do so would render the clause inconsistent or inherently contradictory. State Farm Fire & Casualty Co. v. Martin, 186 Ill. 2d 367, 710 N.E.2d 1228 (1999). In Illinois, the definition of “accident” is defined as an unforseen occurrence, usually of an untoward or disastrous character, with a result that is unintended and unexpected. Pekin Insurance Co. v. Dial, 355 Ill. App. 3d 516, 823 N.E.2d 986 (2004); Lyons v. State Farm Fire & Casualty Co., 349 Ill. App. 3d 404, 811 N.E.2d 718 (2004). The natural and ordinary consequences of an act do not constitute an accident. Dial, 355 Ill. App. 3d 516, 823 N.E.2d 986.

In construing policy exclusions for damage that is expected or intended by the insured, courts have held that “expected” injuries are those that should have been reasonably anticipated by the insured. Dial, 355 Ill. App. 3d 516, 823 N.E.2d 986. If the insured was consciously aware that the injuries were practically certain to be caused by his conduct, the injuries are considered “expected” from the standpoint of the insured and are excluded from coverage. Dial, 355 Ill. App. 3d 516, 823 N.E.2d 986.

Here, the subject policy provides coverage for “bodily injury or property damage caused by an occurrence” (emphases in original), with the term “occurrence” defined as an “accident.” The policy language is unambiguous that coverage is only applicable to accidents. Here, Guzik intentionally caused the fire to his home; thus, the “occurrence” was not covered under the policy because it was not accidental.

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Cite This Page — Counsel Stack

Bluebook (online)
941 N.E.2d 936, 406 Ill. App. 3d 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-family-mutual-insurance-v-guzik-illappct-2010.