Transamerica Insurance Corp. of America v. Boughton

440 N.W.2d 922, 177 Mich. App. 253
CourtMichigan Court of Appeals
DecidedJune 5, 1989
DocketDocket 96542
StatusPublished
Cited by17 cases

This text of 440 N.W.2d 922 (Transamerica Insurance Corp. of America v. Boughton) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Transamerica Insurance Corp. of America v. Boughton, 440 N.W.2d 922, 177 Mich. App. 253 (Mich. Ct. App. 1989).

Opinions

Mackenzie, J.

On August 10, 1982, defendant Michael Boughton fatally shot his estranged wife, Joni. The criminal prosecution of Boughton re-[255]*255suited in a directed verdict of not guilty by reason of insanity.

At the time of the fatal shooting, the Boughtons were covered by plaintiffs standard homeowner’s liability policy which provided coverage for any claim against the insured for damages because of bodily injury, personal injury, or property damage. Coverage included plaintiff’s obligation to provide a defense. Section n of the policy excluded from coverage a claim for bodily injury, personal injury, or property damage "which is expected or intended by the insured.”

Plaintiff filed the instant declaratory judgment action after the estate of Joni Boughton instituted a wrongful death action against Boughton. Plaintiff requested a determination that the homeowner’s insurance policy issued by plaintiff to Bough-ton did not provide coverage to Boughton for any liability established in the wrongful death action and that plaintiff had no duty to defend Boughton in the wrongful death suit.

At the conclusion of a bench trial on plaintiffs declaratory judgment action, the trial court ruled that the "intentional and expected” acts exclusion in the homeowner’s policy relieved plaintiff of the duty to defend and provide coverage to Boughton in the wrongful death action. Defendants appeal as of right from the judgment entered in favor of plaintiff. We affirm.

Defendants argue that, because Boughton was adjudicated to be insane at the time of the shooting, he could not intend or expect to cause his wife’s death. Cases involving a policy which excludes both intentional and expected injuries hold that, in order to avoid liability through the exclusion for expected injury, the insurer must show that the injury was the natural, foreseeable, expected, and anticipatory result of an intentional [256]*256act. State Farm Fire & Casualty Co v Groshek, 161 Mich App 703, 708-709; 411 NW2d 480 (1987); Allstate Ins Co v Freeman, 160 Mich App 349, 356; 408 NW2d 153 (1987), lv gtd 430 Mich 857 (1988); State Farm Fire & Casualty Co v Jenkins, 147 Mich App 462, 467-468; 382 NW2d 796 (1985). Under these cases, acts by the insured which have unexpectedly severe consequences fall within the exclusion, even when the insured has an affirmative defense or justification for his actions. Thus, in Groshek, supra, when the insured believed that he was justified in assaulting another to prevent the rape of a friend, the resultant injuries to the assault victim were excluded from coverage as the expected result of an intentional act. This Court has drawn the same conclusion when the insured asserted that his actions were justifiable self-defense. Yother v McCrimmon, 147 Mich App 130; 383 NW2d 126 (1985).

This Court has also held that the insured’s guilty plea or conviction in a criminal prosecution for a specific intent crime is conclusive on the issue of intent in the subsequent civil action for purposes of invoking the policy exclusion. Groshek, 161 Mich App 711; Jenkins, 147 Mich App 468-469; Yother, 147 Mich App 134. In Aetna Casualty & Surety Co v Sprague, 163 Mich App 650; 415 NW2d 230 (1987), the insured was found guilty but mentally ill of murder. This Court held that his insurer had no duty to defend or provide coverage in a subsequent wrongful death action since his mental illness did not negate the specific intent element of the murder conviction.

In the present case, unlike those cases where the insured’s intent was established as a matter of law by a guilty plea or conviction, defendant Boughton was found not guilty of murder by reason of insanity. At first glance, under Groshek, Jenkins, [257]*257Yother, and Sprague, it would thus appear that defendants could demonstrate, as a matter of law, that Joni Boughton’s death was not "expected or intended by the insured.” We conclude, however, that where an insured is found not guilty by reason of insanity the insurer is not precluded from proving at trial that the insured’s conduct falls within an "intentional and expected” acts exclusion in a homeowner’s policy.

The issue whether an intentional acts exclusion in a homeowner’s policy precludes coverage for a person previously acquitted of criminal charges by reason of insanity is a question of first impression in this state.1 Courts which have considered the issue are split. One line of cases holds that, if an insured suffered from a mental illness or insanity, the insured’s act cannot be intentional for purposes of an exclusion. See Globe American Casualty Co v Lyons, 131 Ariz 337; 641 P2d 251 (1981), Congregation of Rodef Sholom of Marin v American Motorists Ins Co, 91 Cal App 3d 690; 154 Cal Rptr 348 (1979), Mangus v Western Casualty & Surety Co, 41 Colo App 217; 585 P2d 304 (1978), Arkwright-Boston Manufacturers Mutual Ins Co v Dunkel, 363 So 2d 190 (Fla App, 1978), Aetna Casualty & Surety Co v Freyer, 89 Ill App 3d 617; 411 NE2d 1157 (1980), Von Dameck v St Paul Fire & Marine Ins Co, 361 So 2d 283 (La App, 1978), Ruvolo v American Casualty Co, 39 NJ 490; 189 A2d 204 (1963), and Nationwide Mutual Fire Ins Co v Turner, 29 Ohio App 3d 73; 503 NE2d 212 (1986). See also Anno: Liability Insurance: Intoxi[258]*258cation or Other Mental Incapacity Avoiding Application of Clause in Liability Policy Speciñcally Exempting Coverage of Injury or Damage Caused Intentionally By or At Direction of Insured, 33 ALR4th 983. The rationale supporting this line of cases is generally that the purpose of the policy exclusion is to preclude insureds from benefitting financially when they cause injury, and this purpose will not deter a person who lacks mental capacity to conform his conduct to acceptable standards.

A second line of cases holds that an injury inflicted by a person who is mentally ill or insane may be intentional within the meaning of the exclusion. These decisions are usually based on the conclusion that the insured may have the purpose and volition to cause an injury, although he is mentally incapable of distinguishing whether his acts are right or wrong. See, e.g., Aetna Casualty & Surety v Dichtl, 78 Ill App 3d 970; 398 NE2d 582 (1979), Colonial Life & Accident Ins Co v Wagner, 380 SW2d 224 (Ky App, 1964), Kipnis v Antoine, 472 F Supp 215 (ND Miss, 1979), Rider v Preferred Acc Ins Co, 183 AD 42; 170 NYS 974 (1918), aff'd 230 NY 530; 130 NE 881 (1920), DeLoache v Carolina Life Ins Co, 233 SC 341; 104 SE2d 875 (1958), Pruitt v Life Ins Co of Va, 182 SC 396; 189 SE 649 (1937), and Johnson v Ins Co of North America, 232 Va 340; 350 SE2d 616 (1986). See also Rajspic v Nationwide Mutual Ins Co, 110 Idaho 729; 718 P2d 1167 (1986), and Rajspic v Nationwide Mutual Ins Co, 104 Idaho 662; 662 P2d 534 (1983). See generally 10 Couch on Insurance 2d, § 41:676 (revised 1982) and 33 ALR4th 983, supra.

We agree with the line of cases holding that the acts of a person deemed insane may be intentional within the meaning of an "intentional and ex[259]*259pected” acts exclusion. We find persuasive the reasoning of the Court in Johnson, supra:

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Transamerica Insurance Corp. of America v. Boughton
440 N.W.2d 922 (Michigan Court of Appeals, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
440 N.W.2d 922, 177 Mich. App. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transamerica-insurance-corp-of-america-v-boughton-michctapp-1989.