Gutierrez v. State Farm Fire & Casualty Insurance Co.

ROBERT M. MURPHY, Judge.

| gThis is a wrongful death and survival action brought by the son of Barbara Viola Fouchi against State Farm Fire and Casualty Company (“State Farm”), the homeowner’s insurer of her husband, Dr. Dana Ray Fouchi, who shot and killed her before committing suicide. Her son, Dylan Carey Gutierrez (“Gutierrez”), appeals the trial court judgment granting State Farm’s motion for summary judgment based on the policy’s coverage exclusions of an insured’s intentional and willful/malicious acts. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

It is…