American National Fire Insurance Co. v. Estate of Fournelle

472 N.W.2d 292, 1991 Minn. LEXIS 154, 1991 WL 113085
CourtSupreme Court of Minnesota
DecidedJune 28, 1991
DocketC8-90-491
StatusPublished
Cited by31 cases

This text of 472 N.W.2d 292 (American National Fire Insurance Co. v. Estate of Fournelle) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American National Fire Insurance Co. v. Estate of Fournelle, 472 N.W.2d 292, 1991 Minn. LEXIS 154, 1991 WL 113085 (Mich. 1991).

Opinions

YETKA, Justice.

Insurer-respondent, American National Fire Insurance Company, brought this declaratory judgment action to determine its obligation under a homeowners’ policy that provided personal liability coverage for Robert Fournelle and his wife, Joanne Grimsrud, as named insureds. Grimsrud filed for divorce and got a court order [293]*293granting her temporary possession of and excluding Fournelle from the insured premises. Fournelle shot and killed their children while visiting them at his wife’s house. The question arose as to whether the policy allowed the trustees of the deceased children to collect damages for their deaths under the homeowners’ policy written to Fournelle and Grimsrud. The trial court entered summary judgment for the insurer and was affirmed by the court of appeals. 459 N.W.2d 157. We granted review. We reverse and remand to the district court for trial.

The facts are largely undisputed. Robert Fournelle married Joanne Fournelle, now Joanne Grimsrud, in 1967. The couple lived at 1272 James Avenue, St. Paul. On January 16, 1985, Robert Fournelle left the marital residence under court order. Grimsrud remained in the house with the couple’s two teenage sons. She filed for divorce on January 25, 1985, and received temporary custody of the children and temporary possession of the house. Thereafter, Fournelle occupied a separate residence from Grimsrud and the children.

On March 3, 1985, Fournelle arrived at the marital residence to visit his sons. He shot and killed the boys, vandalized the house, and then committed suicide. The records of the Ramsey County Medical Examiner state that each boy died of multiple gunshot wounds to the head.

Grimsrud brought a wrongful death action against Fournelle’s estate. The estate tendered defense of the lawsuit to American National pursuant to the Fournelles’ homeowners’ policy. Grimsrud and the estate reached a Miller v. Shugart1 settlement, awarding $250,000 to Grimsrud to be paid from insurance proceeds.

Under the homeowners’ policy issued by American National, both Fournelle and Grimsrud were named insureds.2 The deceased children were not named insureds. The policy provides personal liability coverage for Fournelle, which coverage does not depend on whether the liability arose from or was related to the homestead.

The insurance policy includes several definitions and clauses that are of particular importance. First, the policy contains what is commonly known as a “household exclusion.” This exclusion provides:

2. Coverage E — Personal Liability, does not apply to:
* * * * * *
f. bodily injury to you and any insured within the meaning of part a. or b. of Definition 3. “insured”.
The term “You” is defined as follows: Throughout this policy, “you” and “your” refer to the “named insured” shown in the Declarations and the spouse if a resident of the same household.
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The following definition of “insured” appears in Definition 3, parts a. and b. of the policy:

3. “insured” means you and the following residents of your household:
a. your relatives;
b. any other person under the age of 21 who is in the care of any person named above.

Finally, the policy also contains a sever-ability clause, which states:

2. Severability of Insurance. This insurance applies separately to each insured. This condition shall not increase our limit of liability for any one occurrence.

Given these policy provisions, the issue presented by this appeal concerns whether the “household exclusion” of a homeowner’s insurance policy containing a sev-erability clause excludes coverage for a named insured’s killing of his two children.

American National maintains that the severability clause is immaterial to determination of this lawsuit where the exclusion, by its terms, applies to “any insured.” At the time of their deaths, the children resided with Grimsrud, a named insured under the policy. Hence, the children qualify as “insureds” under the omnibus or [294]*294general insureds provisions of Definition 3. American National reasons that there can be no recovery since the children otherwise qualify as “insureds” under the policy. The trustee, on the other hand, asserts that the severability clause demands that the exclusion be read in reference to Foumelle because he alone seeks protection under the policy. Since the children were residents of the mother’s household and not Fournelle’s, the trustee claims that the policy provides coverage.

We believe that the trustee makes the better argument. To claim that the household exclusion applies because the children were residents of a named insured’s household misconstrues not only the policy language, but also the doctrine of severability. Moreover, the language in the policy is, at best, ambiguous. Therefore* we will strictly construe it against its drafter, resolving all doubts concerning the language used in favor of the insured. Atwater Creamery Co. v. Western Nat’l Mut. Ins. Co., 366 N.W.2d 271, 277 (Minn.1985); Nordby v. Atlantic Mut. Ins. Co., 329 N.W.2d 820, 822 (Minn.1983).

Severability is a widely recognized doctrine that acknowledges the separate and distinct obligations the insurer undertakes to the various insureds, named and unnamed. See, e.g., Utica Mut. Ins. Co. v. Emmco Ins. Co., 309 Minn. 21, 243 N.W.2d 134 (1976); Morgan v. Greater New York Taxpayers Mut. Ins. Ass’n, 305 N.Y. 243, 248-49, 112 N.E.2d 273, 275 (1953); Allstate Ins. Co. v. Mangum, 299 S.C. 226, 229, 383 S.E.2d 464, 466 (S.C.Ct. App.1989). The intent of a severability clause is to provide each insured with separate coverage, as if each were separately insured with a distinct policy, subject to the liability limits of the policy. United States Fidelity & Guar. Co. v. Globe Indem. Co., 60 Ill.2d 295, 299, 327 N.E.2d 321, 323 (1975). Thus, severability demands that policy exclusions be construed only with reference to the particular insured seeking coverage. See Utica Mut. Ins. Co., 309 Minn, at 32, 243 N.W.2d at 140; see also 13 Appleman, Insurance Law & Practice § 7486 at 633 (rev.ed. 1976). Past decisions have applied the doctrine to employee exclusionary clauses where the injured person was an employee of a named insured, but not an employee of the particular insured seeking protection under the policy. See Utica Mut. Ins. Co., 309 Minn, at 32, 243 N.W.2d at 140.

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Bluebook (online)
472 N.W.2d 292, 1991 Minn. LEXIS 154, 1991 WL 113085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-national-fire-insurance-co-v-estate-of-fournelle-minn-1991.