Smith v. Matthews

JAMES C. GULOTTA, Judge Pro Tem.

The issue in this case is whether a “dwelling” insurance policy which insures the estate of a deceased person as the “named insured,” provides liability coverage for an heir and/or executor for acts not related to his position as an heir/executor.

We conclude that it does not and affirm the judgment of the trial court granting a summary judgment in favor of the defendant insurer dismissing plaintiff’s suit against that insurer.

*428Frederic Smith’s claim arises out of an incident where he was shot by defendant Lyndon Matthews. The shooting occurred on the insured…