Pompa v. American Family Mutual Insurance

HARTZ, Circuit Judge.

At issue in this appeal is whether Defendant American Family Mutual Insurance Co. (AFM) had a duty to defend and indemnify its insured, Plaintiff David Cidril-lo Pompa, with respect to a wrongful-death action brought against him. AFM argues that Mr. Pompa’s plea of guilty to negligent homicide for the conduct that gave rise to the wrongful-death action triggers the criminal-conviction exclusion in his homeowner’s insurance policy. Mr. Pom-pa counters that the exclusion applies only to a conviction after trial, that public policy bars the exclusion, and that Colorado law…