Plaintiff v. Eastguard

The Plaintiff was a teenage boy who witnessed his father being shot with a rifle outside their home by his mother’s second husband. His father ultimately died from the injuries caused by the shooting. The second husband was tried for murder and convicted of the lesser offense of manslaughter. Attorney Miller brought an action against the second husband and the insurer of his residence for wrongful death. The insurer initially declined coverage on the basis that the shooting was an intentional act, and therefore not covered. Attorney Miller obtained an assignment of the second husband’s claims against his insurer for failing to settle within the limits of the policy. Attorney Miller was able to produce evidence from the criminal trial which indicated that the shots were fired to frighten or injure his father, but not to kill him. The insurer ultimately paid the limits of its insurance policy to settle the claim.