Legal Opinion
Safeco Insurance of America v. Robert S.
California Supreme Court
Decided August 20, 2001No. S078199PublishedCited by 82 opinions
1Opinion of the Court
Opinion
KENNARD, J.
When a homeowners policy expressly covers accidental bodily injury but excludes coverage for bodily injury arising out of an “illegal act,” is the insurer obligated to defend and indemnify its insureds in a wrongful death action brought against them after their teenage son accidentally shot and killed his friend? We conclude that, in the context of the policy as a whole, the insurer does have such an obligation.
I
On March 10, 1995, 16-year-old Kelly S. and some of his friends were at Kelly’s home when Kelly found a .22-caliber Beretta handgun in his mother’s coat pocket.…
2Cases cited12 opinions
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Montrose Chemical Corp. v. Admiral InsuranceCalifornia Supreme Court · 1995
- Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
- Palmer v. Truck Insurance ExchangeCalifornia Supreme Court · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Manzarek v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Ninth Circuit · 2008
- E.M.M.I. Inc. v. Zurich American InsuranceCalifornia Supreme Court · 2004
- Minkler v. Safeco Insurance Co. of AmericaCalifornia Supreme Court · 2010
- People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.California Court of Appeal · 2003
- American Alternative Insurance v. Superior CourtCalifornia Court of Appeal · 2006
77 more not listed; retrieve them via the Exa API.