State Farm General Insurance v. Frake

197 Cal. App. 4th 568, 128 Cal. Rptr. 3d 301, 2011 Cal. App. LEXIS 911
CourtCalifornia Court of Appeal
DecidedJune 22, 2011
DocketNo. B223865
StatusPublished
Cited by27 cases

This text of 197 Cal. App. 4th 568 (State Farm General Insurance v. Frake) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm General Insurance v. Frake, 197 Cal. App. 4th 568, 128 Cal. Rptr. 3d 301, 2011 Cal. App. LEXIS 911 (Cal. Ct. App. 2011).

Opinion

[571]*571Opinion

ZELON, J.

INTRODUCTION

After consuming several beers, respondent Patrick Frake struck his friend, respondent John King, in the groin, causing significant injuries. King filed a complaint against Frake for negligence, assault and battery and intentional infliction of emotional distress. Frake tendered the case to appellant State Farm General Insurance Company under a renter’s policy that provided coverage for bodily injury “caused by an occurrence,” which the policy defined as “an accident.” Frake told State Farm he struck King as part of a consensual game and that he did not intend to injure King. Although State Farm did not believe Frake’s conduct qualified as “an accident,” it agreed to defend the action with a full reservation of its rights. The King case proceeded to trial and the jury awarded King over $400,000.

State Farm then filed a declaratory relief action alleging that it had no duty to defend or indemnify Frake because his conduct did not qualify as an accident within the meaning of his insurance policy. Frake and King each filed cross-complaints alleging breach of contract and the covenant of good faith and fair dealing.

Several months later, the parties filed cross-motions for summary adjudication regarding State Farm’s duty to defend. The trial court concluded that the term “accident” applied to deliberate conduct that resulted in unintentional injury and, as a result, there was a triable issue of fact regarding State Farm’s duty to defend. The court further ruled that because there was this potential for coverage, Frake and King had established that State Farm had a duty to defend. The parties thereafter entered into a stipulated judgment against State Farm in the amount of $670,000.

On appeal, State Farm argues that the trial court erred in concluding that a deliberate act may qualify as an “accident” if the insured did not intend to cause the resulting injury. We agree and reverse the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Injury-causing Event

In September of 2004, respondent John King invited respondent Patrick Frake and two other high school friends to visit him in Chicago. The purpose of the trip was to “enjoy a baseball game” and “party and drink” at various “bars and . . . drinking locations . . . around the City.” Throughout the weekend, the friends engaged in a form of consensual “horseplay” that involved “hitting each other in the groin” and other areas of the body.

[572]*572On Friday, September 10, King, Frake and their friends attended a baseball game, where Frake became “very intoxicated.” After leaving the game, King tried to strike Frake in the groin, but Frake blocked the attempt. Shortly thereafter, Frake retaliated by throwing his arm out to the side, where King was standing, and struck King in the groin.

The group traveled back to King’s apartment and later went to dinner. On Saturday, they attended a college football game and walked around the Northwestern University campus. Throughout the weekend, King never mentioned that he was in any pain or discomfort. Frake left Chicago on Sunday, September 12.

Shortly after he left Chicago, a friend told Frake that King had sustained significant injuries as the result of Frake’s strike to the groin. Frake was “shocked” because he did not believe there was anything “out of the ordinary” about his conduct. King later contacted Frake and requested that he pay his medical bills, which amounted to more than $70,000.

B. King’s Lawsuit and State Farm’s Initial Investigation

On September 7, 2006, King filed a complaint against Frake alleging negligence, assault and battery and intentional infliction of emotional distress. The complaint described the injury-causing event in a single paragraph: “On or about September 10, 2004, Defendant FRAKE was visiting Plaintiff in Chicago with other high school friends when they were returning home from a Chicago Cubs baseball game at Wrigley Field. At that time, Defendant FRAKE was engaged in horseplay, drunken and disorderly conduct, while grabbing and striking Plaintiff’s person without authorization. Plaintiff repeatedly requested that Defendant FRAKE cease his obnoxious behavior. While walking eastbound on East Chicago Avenue, at or near the south entrance to the Park Hyatt Hotel, Chicago, Defendant FRAKE struck Plaintiff in the groin with his closed [fist], causing Plaintiff to double over in pain. Defendant FRAKE laughed triumphantly in having achieved a direct hit to Plaintiff’s testicles, while he screamed various swear words . . . .” The complaint alleged that as a result of Frake’s conduct, King had sustained numerous injuries including “hematocele on the right scrotum . . . epididymal head cyst . . . chronic regional pain syndrome/reflex sympathetic dystrophe [and] nerve injury.”

Frake tendered the defense of King’s lawsuit to State Farm General Insurance Company pursuant to a “renters policy” that provided coverage for damages because of bodily injury caused by an occurrence. The policy defined the term “occurrence” as an “accident . . . which results in bodily injury . . . during the policy period.”

[573]*573State Farm reviewed King’s complaint and initiated an investigation of the claim. State Farm first contacted Frake’s mother, who stated that Frake, King and their friends had a “tradition” of “grabbing each other’s testicles.” Frake’s mother and other parents had repeatedly warned their children against engaging in such conduct because they feared “someone might get hurt.” Despite these warnings, the “behavior continued.”

On October 24, 2006, State Farm interviewed Frake about the incident and recorded his statement. Frake explained that, since high school, his friends had engaged in “a cycle of horseplay[,] specifically . . . hitting each other in the groin.” During this “consensual” ritual, one person would normally try to “slap or hit [another person] in . . . the groin area,” and the recipient would then “attempt to return [the slap or hit].” According to Frake, the practice was so common that his friends would “greet each other with a one arm hug,” while covering their “groin area” with the other arm for “protection in case [someone] decided to . . . instigate th[e] horseplay.”

Frake stated that, during his visit to Chicago, King and his friends had, “per usual,” been engaging in “horseplay . . . [that] continued throughout the whole weekend.” After attending a baseball game, King and Frake were on an escalator when King attempted to hit Frake in the groin. Frake later retaliated by swinging his arm out to the side with the intent to strike King in the area of his stomach or groin. Frake stated that the strike was intended to “surprise” King, explaining “I felt like he had attempted to . . . horseplay with me on the escalator and then I was gonna . . . horseplay back at him.”

When the State Farm investigator asked Frake whether he had intended to hit King directly in the groin, Frake stated, “no . . . not [on] this particular incident.” Frake further explained that he was trying to strike King in the general area of the stomach or groin, but “just happened” to hit him directly in the groin. Frake also stated that he was “shocked” that King was hurt because he never intended to “inflict harm or pain purposefully.”

Frake also denied that he had hit King with a closed fist, explaining “it was never, we never ...

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Cite This Page — Counsel Stack

Bluebook (online)
197 Cal. App. 4th 568, 128 Cal. Rptr. 3d 301, 2011 Cal. App. LEXIS 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-general-insurance-v-frake-calctapp-2011.