Safeco Insurance Co. of America v. Smith

JOSEPH M. ELLIS, Judge.

Thomas Allen Smith and Sherri Lee Smith (“the Smiths”) appeal from a summary judgment entered by the Circuit Court of Buchanan County in favor of Safeco Insurance Company in a declaratory judgment action filed by Safeco seeking a declaration that an insurance policy it issued does not provide coverage for Clint Smith with respect to a fatal accident that killed the Smith’s son, A.J. Smith. 1 For the following reason, the judgment is reversed, and the cause is remanded for further proceedings.

On the evening of December 31, 2001, Eric Cox and A.J. 2 were spending the…