Allstate Insurance v. Cutcher

MEMORANDUM & ORDER

CARR, District Judge.

This is a declaratory judgment action in which the plaintiff Allstate Insurance Company seeks a determination of whether coverage under a homeowners policy is excluded pursuant to the “criminal acts” and “intentional acts” exclusions of its policy. For the reasons that follow, I conclude that coverage is excluded under the “criminal acts” exclusion of the policy.

The policy was purchased by Edward and Betty Cutcher, who are the parents of Edward J. Cutcher (Edward). Edward was, at the time of the incident giving rise to this litigation, a child, as that…