DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063628P.pdf 06/26/2007 Allstate Insurance v. Tonja Blount
U.S. Court of Appeals Case No: 06-3628
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Gruender, Author, with Colloton and Hansen, Circuit
Judges]
Civil case - Insurance law. State wrongful death consent judgment
does not bar insurer from litigating the issue of policy coverage;
underlying complaint in the wrongful death action alleged claims of
negligence and these claims constituted an occurrence under the policy's
damages provision; however, Allstate can avoid liability if it can establish
that the criminal acts exclusion in the policy applies; homeowner's guilty
plea to first-degree manslaughter collaterally estopped victim's estate
from arguing that homeowner committed a criminal act; however,
collateral estoppel does not bar the estate from challenging the second
prong of the exclusion - whether bodily injury may have reasonably be
expected to result from that criminal act; as a result, the district court did
not err in denying the insurer's motion for summary judgment.