Allstate Insurance Company v. Mark Burrough, Garnette Bell, Individually and as Next Friend of Kenyatta Williams

I respectfully dissent. Because I believe that the exclusion for “criminal acts” is ambiguous and must be construed in favor of Burrough as a matter of law and, alternatively, that a genuine issue of material fact exists as to Burrough’s reasonable expectations, I would reverse.

To prevail in its declaratory judgment action, Allstate was required to prove that the policy’s criminal acts exclusion applied to exclude Burrough from coverage by showing that: (1) Burrough committed a criminal act to which the criminal acts exclusion applied6 and (2) Burrough could have reasonably expected…