Country Mutual Insurance Co. v. Eric J. Orloske

SMITH, Circuit Judge.

Eric Orloske shot his brother, Brian, to death after Eric tripped and fell down the stairs in his home while holding a loaded shotgun. Destiny A. Denton, the trustee for Brian’s next of kin, sued Eric for the wrongful death of Brian. Country Mutual Insurance Company (“Country Mutual”) filed this declaratory judgment action against Eric and Denton (collectively, “Trustee”) in the district 1 court to establish that its homeowner’s policy, which covered Eric’s home, did not provide coverage for Brian’s death. The district court granted summary judgment to Country Mutual. The…